Lawyers for thousands of former NFL players suing the league over concussions have filed a motion in federal court for preliminary approval of a proposed $765-million settlement with the league.
The terms of the settlement were reached in August, although the plaintiffs have yet to vote on the deal. It would cover more than 18,000 retired players, whether they had sued the league or not.
Details of the proposal became public Monday, and according to multiple reports call for payouts of as much as $5 million for players suffering from amyotrophic lateral sclerosis, or Lou Gehrig's disease; as much as $4 million to the families of brain-damaged athletes who committed suicide; up to $3 million for cases of dementia; and various lesser amounts for lesser ailments. Players with milder forms of dementia may receive treatment but not payouts.
The proposal now must be approved by U.S. District Judge Anita B. Brody of Philadelphia, who is expected to hold a fairness hearing in the coming months.
Current and future NFL players are excluded from the agreement, which was filed Monday in federal court. Retired players who agree to the settlement surrender their right to sue the league.
The law firm representing the players issued a news release Monday to tout the plan.
"This is an extraordinary settlement for retired NFL players and their families — from those who suffer with severe neuro-cognitive illnesses today, to those who are currently healthy but fear they may develop symptoms decades into the future," Christopher Seeger of Seeger Weiss and Sol Weiss of Anapol Schwartz, the co-lead counsels for the retired NFL plaintiffs, said in a statement.
But some of the plaintiffs are deeply skeptical about whether the money will be sufficient to cover their needs. The proposed deal calls for the league to spend $675 million for compensatory claims during a 20-year period for players with neurological symptoms, $75 million for baseline testing for asymptomatic men, and $10 million for research and education. The league would pay an additional $112 million to the players' lawyers for fees and expenses, bringing the total to close to $900 million.
Critics of the proposal say that is a meager amount for a league that generates nearly $10 billion in annual revenue.
"Here's what they want to do: They want to fund a bunch of studies, and then the guys who are living will get nothing, our families will get no relief at all," Hall of Fame guard Joe DeLamielleure said, noting $675 million spread over two decades would represent roughly $1 million per team per year. "That's what everybody's expecting. Same old story: Delay, deny and hope we'll die."
The more than 4,500 plaintiffs will have the ability to opt out of the deal, but there's no guarantee they could build enough of a consensus to change the settlement or have the resources to effectively sue the league on their own. Players who do not vote for or against the settlement will be considered to have voted in favor of it.
Former NFL running back Kevin Turner, a class representative who suffers from ALS, said in a written statement: "The compensation provided in this settlement will lift a heavy burden off of the men who are suffering. It will give them and their families the security and care to have the best quality of life they are able to have. This settlement is another important step for ensuring generations of football players do not suffer the way that many in my generation have."
Another class representative, Shawn Wooden, a former NFL safety, said in a written statement the settlement "represents peace of mind to me, and to the thousands of other retired players who do not have serious symptoms but worry about what the future may hold."
Not every plaintiff agrees, however.
"The numbers don't jibe," DeLamielleure said. "That's why everyone's going, 'What's going on?' They've never jibed from day one. Some guy called me and said, 'That means you can get $175,000.' I said, 'I don't want $175,000. I want healthcare, health insurance. That's all we've asked for.'"
But he conceded: "Who are you going to fight? City Hall? You're one guy out here by yourself."
sam.farmer@latimes.com
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