Judge tries to curb “doctor shopping” in concussion settlement

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Former players who are trying to get payment under the terms of the concussion settlement now have another hurdle to overcome: The presiding judge applied a geographic limit to the search for a doctor.

Via the Associated Press, Judge Anita Brody has imposed a 150-mile restriction on the location of a doctor from the player’s home and a 200-mile cap on the effort to find a neurologist. The goal is to keep former players from relying on doctors who may be more inclined to approve a diagnosis that qualifies the former player for benefits.

The opposition to the restriction comes from the basic reality that the program includes provisions aimed at protecting the settlement fund against fraudulent claims. So it shouldn’t matter where a guy’s doctor is located; the player should be able to choose both where to live and where his doctor practices.

The overriding problem with the concussion settlement continues to be, in our view, that the fund has no cap. This creates an obvious incentive for the NFL to fight as many claims as possible. If the NFL had simply paid a lump sum, the NFL wouldn’t care about any of the individual claims. With no cap, the NFL can turn reduced payments into increased profits by fighting back as many claims as possible.

6 responses to “Judge tries to curb “doctor shopping” in concussion settlement

  1. Players are multi-millionaires, therefore I feel no pity for them. Players KNEW the risks before they started playing football, they accepted the risks in exchange for the reward of fame and fortune.
    The NFL is within its rights to minimize its liabilities whenever they can.
    Players CANNOT be allowed to get fame, fortune, and a settlement.

  2. Not surprised by your lopsided analysis placing all blame on the league, but the fact is that there are unscrupulous doctors who go judgment hunting in cases like this. I’m not sure this is the way to handle it, in fact I’m pretty sure it’s not, the let’s not pretend that fraud doesn’t happen in cases like this

  3. It’s a scam. Even you had to admit there is no way to tell if a living person has CTE. And if there was, there would be no way to tell if they got it in the NFL, college, HS, pee wee or somewhere else. This is a lawyers jackpot.

  4. It is funny to me that so many posters have an idea of how a business they have no control over should allocate funds.

    Balance your own checkbook, should you have one.

  5. If the settlement would have been a lump sum then he would be making the case how no cap would have been better. you see it is a win win . No matter what the NFL does will be bad. The fact that they are just trying to prevent players from getting benefits that don’t deserve it is just good business. But I am sure the reaction will be to set up a network of DR’s that will cover all of the major areas so they won’t have to drive so far. Newton’s law for every action their is a equal and opposite reaction. The next story will be how they are turning down claims because the Dr’s doing the diagnosis is a dentist.

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