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Concussion settlement still languishing

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On August 29, a global settlement was reached in the concussion lawsuits brought by more than 4,500 former players.  Since then, nothing has happened.

The settlement, which would encompass all retired players, must first receive preliminary approval from Judge Anita Brody.  A hearing had been set for October 28, but the hearing was postponed due to the financial complexities of the settlement.

Per a source with knowledge of the situation, the parties intend to submit to Judge Brody a written motion for preliminary approval and related papers within the next week. Then, it will be up to Judge Brody whether a hearing will be held.

It’s unclear when Judge Brody would grant preliminary approval to the settlement. If the decision is delayed until after the season, currently active players like Falcons tight end Tony Gonzalez would be eligible to eventually receive compensation if they later develop a “severe cognitive impairment.”

Gonzalez has made clear his intention to retire after the season. Any other players who are clearly retired would be eligible to receive compensation, even if they played for the entire season.

That all potentially changes if Judge Brody gives preliminary approval to the settlement before Week 17 or, for any men whose teams qualify for the playoffs, before their teams are eliminated.  Given that it’s taken nearly three months to get to the point where the paperwork is being submitted to the judge, it could make sense to delay preliminary approval until after the current season ends — or at a minimum to allow any current players who retire after the season to become eligible to participate in the settlement.

If/when Judge Brody grants preliminary approval to the settlement, the formal approval settlement will commence, with players having an opportunity to opt out or to formally object to the deal.

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7 Responses to “Concussion settlement still languishing”
  1. j0esixpack says: Nov 24, 2013 7:15 PM

    I have a suggestoin

    In the interest of and entertainment value, they should roll both the Concussion Settlement debate and the question of whether the Dolphins coaching staff ordered the Code Red all together in one court room proceeding complete with mesmerizing Tom Cruise cross examination and righteous flip out by Jack Nicholson.

  2. allidoiswin55 says: Nov 24, 2013 7:26 PM

    It’s nice that the best and richest nfl owner is donations millions and millions of dollars to the research of concussions and the lasting affects . Thank you Paul Allen after the Seahawks win a couple superbowls you’ll be up their with the best owners in the league. Seattle fans love this man, he’s stays out of the way and looted appropriately to let his teams run the their best.

    Nice being so rich even other nfl owners make jokes about how much more you have then them.maybe the brain trust that is the nfl can use some of their multi billion dollar business to pay atleast as must as he is.

  3. FinFan68 says: Nov 24, 2013 7:48 PM

    it could make sense to delay preliminary approval until after the current season ends — or at a minimum to allow any current players who retire after the season to become eligible to participate in the settlement.
    ~~~~~~~~~~~~~~~~
    Hogwash. Every active player has the ability to retire right now and be eligible to participate in the settlement. They are choosing to play this year instead. There is no reason to further delay approval simply so a few people can squeeze themselves into the settlement.

  4. thegreatgabbert says: Nov 24, 2013 8:11 PM

    Concussion settlements are languishing. They seem confused, lacking direction and energy. Hard to remember exactly what it was all about some times.

  5. keltictim says: Nov 24, 2013 8:25 PM

    This whole thing confused the hell out of me. Who decides who gets what? Why would anyone currently playing be even in the discussion? By now they have heard the arguments and are continuing to play that is their choice. I don’t agree with the settlement, but I get it for the players who retired prior to all this stuff coming out. In my never humble opinion these players made a lot of money playing a violent sport, to think there would be no lasting effects goes beyond naive.

  6. doctorrustbelt says: Nov 24, 2013 8:44 PM

    Much like NFL investigation of the leaking of Josh Freeman’s private medical information…. the NFL thinks they can pretend that nothing happened.

  7. FinFan68 says: Nov 24, 2013 8:53 PM

    doctorrustbelt says:
    Nov 24, 2013 8:44 PM
    Much like NFL investigation of the leaking of Josh Freeman’s private medical information…. the NFL thinks they can pretend that nothing happened.
    ~~~~~~~~~~~~~~
    Bad example on that one. The NFL likely has said nothing because it was Freeman’s people that leaked it and that is not a violation. The NFLPA was looking into it also and they haven’t said a word about it. Do you really think they would let the team or league slide on that one? No way.

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