An analysis of the proposed National Football League settlement affecting about 20,000 retired players that U.S. District Judge Anita Brody preliminarily approved on July 7 exposes significant flaws. Many classes of players are not adequately represented, and most NFL players are all but ignored by the attorneys who negotiated the agreement. Certain, small and discrete groups are designated for compensation, but players experiencing physical, emotional and behavioral impairments remain excluded.
No specific amount was identified in the deal, but Brody previously rejected a $675 million settlement between the parties as insufficient. This latest proposal purports to generously provide financial stability for players with traumatic brain injury, but a closer look reveals a systematic design to exclude most players from participation and to reduce payments to the small group who meet arbitrary criteria. It imposes unfair and illogical restrictions on the categories of compensable injuries and requires NFL participation for excessively long periods.
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