Minami Tamaki LLP is representing former National Football League (“NFL”) players in the matter In Re: National Football League Players’ Concussion Injury Litigation, MDL No. 2323.
The case was brought as a class action on behalf of former players who claimed that they suffered head trauma during their NFL careers that resulted in brain injuries and long-term neurological problems. The former players claimed that the NFL was aware of the risks associated with repetitive traumatic brain injuries, but ignored and concealed this information from players.
The settlement between the NFL and the former players was finalized on January 7, 2017. The NFL agreed to an uncapped settlement program offering monetary awards to eligible former players.
Class members or their families must demonstrate that they have been diagnosed with Amyotrophic Lateral Sclerosis (ALS), Parkinson’s Disease, Alzheimer’s Disease, moderate to severe dementia (known as Level 2 Neurocognitive Impairment); early stage dementia (known as Level 1.5 Neurocognitive Impairment), or Death with Chronic Traumatic Encephalopathy (CTE) if the athlete’s death occurred before July 7, 2014.
Minami Tamaki is retaining independent physicians to provide assessments, filing claims with the settlement administrator, and monitoring the claims review process.
The assessment and diagnosis required to submit a claim must be made by physicians and neuropsychologists who satisfy specific qualifications. The settlement details the types of tests that must be administered to prove injury and the qualifications of the doctors who may make assessments. A class member’s level of neurocognitive impairment is to be established in part with evidence of decline in performance in two or more cognitive domains, provided that one of the areas is executive function, learning and memory, or complex attention.
Class members may recover up to $5 million with a qualifying diagnosis of ALS, $4 million for death with CTE, $3.5 million for Parkinson’s Disease or Alzheimer’s Disease, $3 million for moderate dementia, and $1.5 million with a qualifying diagnosis of early stage dementia.
Eligible Class members must have at least one-half of an eligible season to obtain a recovery under the settlement. To obtain the maximum recovery, a retired player must have played for at least five “eligible seasons” and have been diagnosed when younger than 45 years old. Class members’ eligible seasons are based on time spent on team active lists, injured reserve lists, or inactive lists, as well as practice, developmental, and taxi squads. .
Individuals seeking information on the settlement in the In Re: National Football League Players’ Concussion Injury Litigation matter can learn more at https://www.nflconcussionteam.com or can set up a free consultation with Minami Tamaki by contacting us at (415) 788-9000 or through our online form.