NFL agrees to remove $75 million cap on funding for neurological testing, monitoring, counseling and treatment
As you know, Judge Anita Brody recently asked the parties to the NFL Concussion Settlement to address 5 concerns she had regarding the proposed agreement.
According to USA Today, the lawyers submitted the proposed changes just before last Friday's deadline and for the most part, they have agreed to all of the revisions that Judge Brody proposed.
The most significant change in the Settlement was the NFL’s agreement to remove the $75 million cap on funding for neurological testing, monitoring, counseling and treatment. The judge wanted assurance that money would not be an impediment to receiving those services under the terms of the Agreement.
In addition to that change, the two sides agreed to giving a half-season of credit toward eligibility for an award for each season played in the European leagues, aka. the World League of American Football, the NFL Europe League and the NFL Europa League.
They also agreed to a 270-day grace period for a CTE diagnosis for any player whose death occurs between the July 7, 2014 (preliminary approval) and the date of final approval.
And lastly, the revised agreement allows retirees to request a "hardship" waiver of the $1,000 fee to appeal any decision that is not favorable to them and it provides a "limited exemption” for players that are unable to provide required medical records due to events that are beyond their control.
Christopher Seeger, co-lead attorney for the retired players, said "We are confident these enhancements address the issues raised by the court and further strengthen the settlement's benefits."
The enhancements could also make the Settlement “appeal proof” because the Judge has now been successful in getting the NFL to remove the cap on monetary awards, and she has addressed several of the objections that were raised at the November 19, 2014 Fairness Hearing.
The settlement will affect about 25,000 former players – unless they "opted out". According to court documents, about 200 opted out before the deadline.
As I mentioned in a previous article, "those who opt out will be permanently and totally forbidden from collecting benefits under this agreement. They will then face the full might of the NFL’s well-paid legal team, and they will do so alone - without the strength-in-numbers that helped us get this settlement in the first place."
Now that the NFL has agreed to some final revisions that are favorable to more players, there may be some who want to opt back into the Settlement. You can go to this link to see the procedure for doing that, but you must do it before Judge Brody gives the Settlement final approval. That could happen any day now.
One last thing...........
When the Settlement is finally approved, it's good to know that Judge Brody will continue to oversee all aspects of the agreement. As it says in the court documents "Pursuant to the Final Order and Judgment, the Court will retain continuing and exclusive jurisdiction over the Parties and their counsel, all Settlement Class Members, the Special Master, BAP Administrator, Claims Administrator, Liens Resolution Administrator, Appeals Advisory Panel, and Trustee with respect to the terms of the Settlement Agreement. Any disputes or controversies arising out of, or related to, the interpretation, implementation, administration, and enforcement of this Settlement Agreement will be made by motion to the Court."
I don't think I'm going too far in saying that Judge Brody has been a strong advocate for the interests of former NFL players during this entire Settlement process. I don't think that's going to change - which is comforting to know - because you can bet your bottom dollar that before the ink dries, there will be disputes and controversies regarding the interpretation, implementation, administration, and enforcement of the Agreement.
She's been in our corner....................let's keep her there!
