FILE - In this undated file photo provided by the U.S. District Court in Philadelphia, Judge Anita Brody is shown. Brody on Tuesday, Jan. 14, 2014, denied preliminary approval of a $765 million settlement of NFL concussion claims, fearing it may not be enough to cover 20,000 retired players. (AP Photo/U.S. District Court, File)
NEW YORK — The NFL’s concussion settlement popped back into the national consciousness Tuesday — and it’s no closer to being resolved — just as the league was set for a big couple of weeks.
On the cusp of a championship weekend with two appealing matchups ahead of the first Super Bowl in the New York area, the NFL is facing the possibility that it will have to pay more money to reach a settlement on the concussion issue.
The league’s deal with former players hit a snag when a federal judge asked both parties to back up their assertions that the settlement is fair to both sides.
Based on the 12-page ruling issued by Judge Anita B. Brody Tuesday, the NFL may have to pay out more money.
Brody denied a motion that was meant to serve as a preliminary approval for the settlement, seeking more information. She wrote that she was “primarily concerned that not all retired NFL football players who ultimately receive a qualifying diagnosis or their (families) ... will be paid,” and that the lawyers for both parties have not addressed those concerns.
Meanwhile, former players looking to receive assistance for the injuries they suffered while playing in the league will have to wait longer to be compensated.
The two sides agreed in late August, just before the season kicked off and the issue largely went to the back burner, awaiting Brody’s decision. The weekly accounting of brain injuries on the field, despite efforts to reduce them, did still make headlines.
Both sides said they would try to assure the judge the money will last. Also, they can modify the deal in other ways to assuage her concerns, too.
“We are confident that the settlement is fair and adequate, and look forward to demonstrating that to the court,” NFL spokesman Greg Aiello said.
Brody pointed out that the class of approximately 20,000 could overwhelm the fund, even if only 10 percent of its members file claims against the $675 million set aside to pay claims, working out to $337,500 per player.
The maximum payments in the settlement include $5 million for a younger retiree with Lou Gehrig’s disease, $3 million for serious dementia, and $25,000 for an 80-year-old with early dementia.
The rest of the $765 million represents neurological testing and education. Lawyers will be paid on top of that by the NFL, meaning the suit would cost the league $900 million — or about 10 percent of one year’s annual revenues.
Brody also took issue with another part of the original agreement, writing in a footnote that she was concerned that the agreement prevents participants from suing the NCAA and other amateur football organizations.
At the time they reached the deal, the players’ lawyers said that they would have faced huge challenges just to get the case to trial. They would have to prove the injuries were linked to the players’ NFL service and should not be handled through league arbitration.
On Tuesday, a statement from the players’ lawyers, Christopher Seeger and Sol Weiss, said “We believe this is an extraordinary settlement for retired NFL players and their families, and have received overwhelming support as they have learned about its benefits. We look forward to finalizing this agreement so they can soon begin taking advantage of its benefits.”
