Source: foxsports.com | Re-Post Duerson Foundation 9/29/2016
The NFL and it’s Concussion Litigation May Be Headed to the Supreme Court of the United States As A Result of It’s Lowball Settlement Offer
Earlier today, the Supreme Court of the United States was petitioned by one of the plaintiffs in the NFL’s current concussion litigation to reject the NFL’s proposed settlement. Today’s petitioner is the second member of the plaintiff class who have disagreed with the settlement.
This is significant news: not only in the sports world but the legal sphere as well. The NFL’s current proposed settlement is valued over $1 Billion, offering payments of anywhere between $100,000 to $4 million per plaintiff.
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Although it seems like a huge amount, the NFL’s current proposed settlement is woefully inadequate.
In the instant case, the NFL has agreed to compensate victims of Chronic Traumatic Encephalopathy (CTE up to $4 million dollars). This is problematic because CTE can only only be diagnosed post-mortem. Basically meaning after someone has died from the disease.
Thus, the NFL’s current settlement does not compensate any future victims of CTE, only those who are already deceased. Further, there is a cut-off date for anyone who has already died of CTE. However, it does not compensate victims of the disease who died after that date.