Damaged ex-players grab what they can
Once a hard-driving fullback for the Eagles, Kevin Turner no longer has the hand strength to grasp a straw. That helps explain why Turner considered Thursday’s news of a settlement between the National Football League and former NFL players suing the league to be as big a victory as any he had experienced on the field.
Turner, 44, found out he shouldn’t have to prove that his many symptoms from his diagnosed amyotrophic lateral sclerosis, or ALS, came from his eight seasons in the NFL. A lead plaintiff in the class-action settlement reached between 4,500 former players and the NFL, Turner should receive some of the $765 million (€580m) the league will pay to settle lawsuits.
The former players had accused the NFL of ignoring or hiding evidence that the sport causes injuries that can result in brain damage.
“For those who are hurting, this will bring comfort today,” Turner said.
“The compensation in this settlement will lift a huge burden off the men who are suffering right now.”
Turner’s own condition was apparent when he appeared in a Philadelphia courtroom in April. He tucked his head down as he sat in the front row.
“I knew I would have a bad back, bad neck, bad shoulders. I was willing to accept that,” Turner said that day. “But the fact [is] that my brain has changed everything about me. That much I never knew.”
The settlement, to include all retired players and families of deceased players, but not current NFL players, offers no admission of liability by the league.
From the $765m (€580m), a fund of €511m will be set aside to compensate former players who have suffered cognitive injury. Baseline tests will be administered to any former player, to establish future eligibility. Individual payments will be “as high as $5m [€3.78m],” said Christopher Seeger, one of the lead lawyers.
Of the settlement, Seeger said: “When we got the number we needed, we ended it. You hear the clock ticking.”
He meant that some plaintiffs need financial and medical help now. That was clearly a reason the decision was made to settle rather than litigate, since plaintiffs would have had to prove any brain injury came from playing football, and, on top of that, from playing in the NFL.
“In our deal, they don’t have to prove any of those things,” Seeger said.
Not every former player was thrilled by the amount of the settlement: “Big loss for the players now and the future!” former player Kevin Mawae tweeted. “Estimated NFL revenue by 2025 [equals] $27 BILLION.” Oakland Raiders punter Chris Kluwe tweeted: “Glad to see the older players are getting taken care of with the concussion settlement.
“It’ll never be enough, but it’s a start. Curious, though, what the NFL is going to do after putting $765 million into figuring out you can’t pad the inside of someone’s head.”
Kluwe added: “Also, when does the NCAA make its payouts to college athletes? Those guys aren’t getting anything to deal with future medical bills.
“Any time the NFL acknowledges they are ready to settle something, it shows they knew they had some sort of negligence,” said retired offensive lineman Lomas Brown, a plaintiff.
Chad Johnson took a different tack when asked on Twitter why he wasn’t a plaintiff. The former star receiver tweeted: “It’s part of the game why sue.”
Turner said: “It’s been a struggle to get to this point, but today I am very proud that the NFL has decided to stand up for all the former players who were suffering from brain injuries.”
“I’ll probably be dead and gone by the time it gets settled,” Gerry Feehery, a former Eagles lineman and one of the original seven plaintiffs, said in February. The 53-year-old Feehery, who battled memory loss and depression, said he would have to check with the attorneys to find out what the settlement will mean for him personally.
“I hope this means that people will be able to get the help that they need,” he said.
New England Patriots owner Robert Kraft believed the NFL had come out in a positive light from the deal.
“Well, I think we’ve seen great leadership from [NFL commissioner] Roger Goodell and [NFL executive] Jeff Pash on this issue,” Kraft said. “This is something that concerns all of us. I think the fact that before the season started they were able to get it settled and done. And that’s something that happened in the past — I know how much we’re doing to focus on safety and health issues for all of football.
“We’re devoting a lot of research, energy, and this is still the greatest game on earth. And you learn so much about life playing football... I think it’s really captivated the American public, and we have to be sure we’re being diligent in keeping it healthy and strong. Young mothers want to let their children play football, and I think this is a step in that direction.”
Previously, an NFL spokesman had said: “Any allegation that the league sought to mislead players has no merit ... and stands in contrast to actions it took to better protect players.”
An estimated 18,000 former players. In short, any player who is retired as of the day the judge signs the preliminary approval, which is expected within 30 to 60 days.
Any retired player can enrol in the program, which would begin with a neurological and cognitive assessment. If a former player exhibits a certain level of impairment, he is eligible for immediate medical care. If the player is suffering from a severe disease, such as ALS, multiple sclerosis, Alzheimer’s or dementia, he can apply for a settlement that could be as high as $5 million.
No. There is a formula established in the settlement that takes into account the length of time a player was in the league and his age. For example, a player who is in the league 10 years and becomes ill at age 40 will be eligible for more money than a player who is in the league two years and is diagnosed at age 65.
65 years, ensuring that players who have just retired will be taken care of — even if they don’t exhibit symptoms for decades.
No. He has to prove only that he has symptoms of a neurological or cognitive disorder.
Players who committed suicide and were found to have a brain condition known as CTE as well as deceased players who were diagnosed with serious brain conditions before they died are covered, and their families can apply for benefits.
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