Kreindler Successfully Settles NFL Concussion Case on Behalf of Retired Players
Kreindler partners Anthony Tarricone and Noah Kushlefsky are proud of their roles in bringing about a successful settlement in the NFL Concussion multi-district litigation. Tarricone, appointed by the court as a member of the Plaintiffs’ Steering Committee for the litigation and Kreindler Managing Partner Kushlefsky were part of the team of lawyers that sued the National Football League on behalf of thousands of retired players over concussion-related brain injuries. The legal work culminated in a historic $765 million settlement with the NFL.
We set out to get justice for former players suffering severe neuro-cognitive injuries as a result of their time playing in the NFL. We also wanted protection for clients who may be diagnosed with serious injuries in the future. We have successfully accomplished both of these things.
Tarricone worked closely with a handful of other lawyers on critical aspects of the litigation and settlement. The settlement agreement, which is projected to protect former players for nearly 60 years, provides immediate compensation to severely injured retired players as well as baseline assessments and medical benefits to those who are symptom-free or beginning to show signs of neuro-cognitive injury. The agreement is a victory for more than 18,000 former players who will now receive care and compensation for neurological injuries such as amyotrophic lateral sclerosis (ALS), Alzheimer’s disease, Parkinson’s disease, dementia and other severe cognitive impairments
This is a historic agreement, one that will make sure that former NFL players who need and deserve compensation will receive it, and that will promote safety for players at all levels of football.
Below are previous updates on the case.
Registration Period for NFL Concussion Settlement Program Opens February 6, 2017
Judge Anita Brody of the United States District Court for the Eastern District of Pennsylvania issued an order approving a supplemental notice to all class members in the NFL Players’ Concussion Injury Litigation. The supplemental notice notifies retired players and their families that the period to register to participate in the settlement program opens February 6, 2017, and will close August 7, 2017. The Notice also provides a form that retired players and their families should use to register their claims.
After years of waiting, participants can finally officially register with the settlement fund!
Third Circuit Court of Appeals Affirms Approval of NFL Concussion Settlement
The three judge panel considering the appeal challenging the settlement between the retired players and the NFL today issued an opinion affirming the settlement. In its comprehensive, 69-page opinion, the panel considered the arguments of the objectors to the settlement, but concluded that “this settlement will provide significant and immediate relief to retired players living with the lasting scars of a NFL career, including those suffering from some of the symptoms associated with CTE.”
The Third Circuit has taken this large step towards retired players finally getting the assessment and compensation they deserve.
In doing so, the judges agreed with not just the District Court, but also 98% of retired players that the settlement was fair. At this point, while the objectors can still attempt to appeal this decision to a larger group of judges at the Third Circuit Court of Appeals or try to have the Supreme Court hear this case, any such actions are no more likely to be successful than the appeal they just lost.
NFL Concussion Litigation
The Third Circuit Court of appeals has set November 20, 2015, as the date for oral arguments in the appeal of some retired players to Judge Brody’s approval of the settlement reached between the retired players and the NFL.
The briefs filed by each party is as follows:
Objectors’ Opening Briefs
- Gilchrist Brief (8/14/2015)
- Miller, et al (8/17/2015)
- Andrew Stewart (8/17/2015)
- Faneca Objectors Opening Brief (8/19/2015)
Class Counsel and NFL’s Response Briefs
- NFL Response Brief (9/22/2015)
- Retired Players’ Reply (9/22/2015)
Objectors Reply Briefs
- Carrington Reply (9/30/2015)
- Miller Reply (10/1/2015)
- Andrew Stewart Reply (10/5/2015)
- Alexander Reply (10/7/2015)
- Molo Reply (10/7/2015)
- O’Brien Reply (10/7/2015)
- Zuckerman Reply (10/7/2015)
NFL Agrees to Remove Cap on Total Payments to Retired Players Under Concussion Settlement and Federal Judge Grants Preliminary Approval
Kreindler & Kreindler LLP and partners Anthony Tarricone and Noah Kushlefsky, who were part of the team of lawyers that sued the National Football League over concussion related brain injuries, are pleased to report that last week the NFL agreed to a revised settlement agreement that removes the $675 million cap on damage awards it agreed to pay to retired players suffering from disabling conditions through a settlement fund. As a result of the revised settlement agreement removing the cap on total compensation to be paid by the NFL, Judge Anita Brody of the United States District Court granted preliminary approval of the settlement on July 7, 2014, in advance of a final hearing in November 2014.
On January 14, 2014, Judge Brody had denied preliminary approval to the previous version of the settlement that limited the total compensation the NFL had to pay to retired players to $675 million, and appointed a special master to evaluate the adequacy of the settlement. Since then, Anthony Tarricone worked closely with other members of the Plaintiffs’ Steering Committee representing the retired players in continuing to negotiate with the NFL to maximize benefits and ensure the adequacy of the settlement to pay future claims.
As a result of these negotiations, on June 25, 2014, counsel for the plaintiffs presented Judge Brody with a revised proposed settlement agreement for her review and approval that removed any limit on the total amount of money that the NFL will have to pay to compensate players who qualify for monetary damages now or during the 65 years that the settlement will be open.
The preliminary approval of this settlement, which still needs final approval by the Court, is a victory for more than 18,000 former players who will receive care and compensation for neurological injuries such as amyotrophic lateral sclerosis (ALS), Alzheimer’s disease, Parkinson’s disease, dementia and other severe cognitive impairments over the next 65 years.
To read the judge’s decision and order click below:
Decision Granting Preliminary Approval of Settlement (7/7/2014)
Order Granting Preliminary Approval of Settlement (7/7/2014)