Judge Brody wants clarity and transparency in NFL Concussion Settlement

By Jeff Nixon
Dec. 05, 2017

There has been a lot of concern about the “Notices of Deficiency” that have been issued by the Claims Administrator for the NFL Concussion Settlement. Although these notices have slowed down the process, in many cases they were necessary in order to ensure that claims were complete and accurate. I wrote about this issue in a recent article entitled: Update on the Implementation of the NFL Concussion Settlement.

Judge Brody wants to make sure that all former players know exactly what is needed to file a complete and acceptable claim.

On November 13, 2017, Judge Brody issued a Notice reflecting an ongoing commitment to transparency and clarity regarding the Claims Administration process established under the NFL Concussion Settlement Agreement.

She requested that the Claims Administrator ensure that the Frequently Asked Questions, posted on the Settlement’s public website (NFLConcussionSettlement.com), be written to ensure that Players and their representatives understand what is needed from them to participate fully in the benefits of the Settlement Agreement.

Judge Brody has invited members of the Settlement Class and their lawyers or representatives to comment on whether the questions and answers in this new set clearly convey how Class Members can complete all steps necessary to obtain the applicable benefits of the Settlement Agreement.

Due Date to Make Comments: All comments must be submitted on or before December 15, 2017.

How to Make Comments: Email comments to concussion@paed.uscourts.gov The subject line of the email must indicate the reference number of the FAQ to which the comment is directed. Each email must refer to only one FAQ. To comment on more than one FAQ, send a separate email on each one. Coordination among commenters raising similar concerns or represented by the same counsel will help to promote efficiency.

Nature of Comments Permitted: Comments are to concern whether the announced process steps and rules are clearly set out in the posted Frequently Asked Questions. Commenters may suggest changes to the language or additional steps or items that should be conveyed to achieve clarity and completeness in the information available to the Settlement Class.