By Bill Bradley, contributing editor
The lead lawyer for the retired NFL players' lawsuit against the league said Tuesday that the payouts in the settlement filed Monday with the Federal Court will be based on a negotiated matrix that could give as much as $5 million to ex-players diagnosed with ALS and $4 million for dementia.
Christopher Seeger of Seeger Weiss LLP said, during a conference call Tuesday, that he has received positive feedback about the settlement from former players. Despite some saying they would not participate in the settlement, he expects most retired players to take part in it.
Seeger said part of the problem is that many ex-players didn't know all of the details.
"When the players learn about the settlement and what's in it for them -- the baseline testing, the benefits for the moderately neurocognitive impaired, the cash payments --- I think they will generally like the deal," Seeger said. "I'm not unrealistic. In every class-action (lawsuit) there are opt-outs, so I expect there to be opt-outs. I don't expect that number to be high."
Seeger said once U.S. district judge Anita Brody, of Philadelphia, approves the settlement, the sides will work quickly to put the program into place. He expects, once the program is started, retired players will have about 60 days to take advantage of the benefits.
The NFL did not have a comment on Tuesday's conference call. However, one league official said the NFL was pleased with the settlement details.
"We, of course, support plaintiffs' motions and will await further direction from Judge Brody," NFL spokesman Brian McCarthy said Monday.
The settlement filed Monday showed that the matrix allows awards to reach $5 million for athletes with amyotrophic lateral sclerosis, or Lou Gehrig's disease; $4 million for a death involving brain trauma; and $3 million for dementia cases.
"The compensation provided in this settlement will lift a heavy burden off of the men who are suffering," former NFL fullback Kevin Turner, who has been diagnosed with ALS, said in a statement. "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 that future generations of football players do not suffer the way that many in my generation have. I am proud to be part of the settlement as well as a part of this successful campaign to educate parents, coaches and others who love the game of football about the serious health risks associated with repetitive head trauma."
Seeger said the plan will not conflict with any other health plan offered by the NFL. Retired players still can take advantage of the league's 88 Plan, which helps to pay for medical costs associated with ALS, Parkinson's diseases, and/or dementia.
One key element, Seeger said, is that no causations are needed by players to receive the settlement benefits.
"No player has to demonstrate any injuries came from football or a scientific link between concussions and CTE," Seeger said. "These benefits are for any retired player that needs them."
The settlement originally was announced in August. However, Seeger said the $112 million in attorney's fees paid by the NFL were being negotiated in the last four months separately from the settlement as the sides worked out the details of the program.
"There never was a discussion about attorney's fees until after we negotiated the settlement," Seeger said of the delay. "These benefits (for the players) were in place and secured long before the attorneys' fees were discussed."
Former NFL safety Shawn Wooden said the settlement will give peace of mind to thousands of players.
"We can rest easier knowing that this agreement gives us access to important medical testing now, and provides a safety net for those who develop severe neurological illnesses in the future," Wooden said in a statement."
