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NFL Concussion Lawsuit Settled For $765 Million (1 Viewer)

Phenix

Footballguy
Rotoworld.com - A federal judge said the NFL and more than 4,500 former players will settle their concussion-related lawsuits for $765 million.

and PFT.com...

NFL reaches $765 million settlement in concussion lawsuit

APIn a dramatic development staving off what could have been years of costly litigation, the NFL has settled lawsuits brought by thousands of former players over brain injuries suffered on the field.

Former U.S. District Judge Layn Phillips, the court-appointed mediator, announced that the NFL and NFL Properties will contribute $765 million to provide medical benefits and injury compensation for retired NFL players, fund medical and safety research, and cover litigation expenses. The settlement still must be approved by U.S. District Judge Anita Brody.

“This is a historic agreement, one that will make sure that former NFL players who need and deserve compensation will receive it, and that will promote safety for players at all levels of football,” Judge Phillips said in a statement. “Rather than litigate literally thousands of complex individual claims over many years, the parties have reached an agreement that, if approved, will provide relief and support where it is needed at a time when it is most needed. I am deeply grateful to Judge Brody for appointing me as mediator and offering me the opportunity to work on such an important and interesting matter.”

Although $765 million is an enormous sum of money, it’s also a sum of money that the NFL, which rakes in billions each year, can afford. Some of the most dire predictions said concussion litigation could bankrupt the league, but this is a settlement that the NFL can handle. The biggest question going forward may be whether the NFL can make changes to the game to keep players safe from brain injuries in the future.
 
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JetMaxx

Footballguy
Yes but how is this to be awarded? 765mil/4500 players=170k-lawyer fees. That's if it goes to who's named, not held in a fund for future injuries.

 

cobalt_27

Footballguy
SaintsInDome2006 said:
Wow, I guess Roger & owners wanted to get outta Dodge on that one.
I see it as the exact opposite. Amounts to a loss of a game check for the NFL. Players had such a long, uphill battle ahead. Settling made the most sense for them. They wanted nothing to do with a long, protracted legal battle that would take years and probably outlast some of the plaintiffs. Add in the cost of legal fees and the strong chance an arbitrator would have found for even less, if any, this was exactly the outcome the players needed.

 

cobalt_27

Footballguy
Goodell estimates annual revenues around $27 billion by 2024. Payments on this $750 million aren't fully paid until after 2030.

Clearly a much better deal for the league to get this nuisance off its plate.

 
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DoubleG

Footballguy
Goodell estimates annual revenues around $27 billion by 2024. Payments on this $750 million aren't fully paid until after 2030.

Clearly a much better deal for the league to get this nuisance off its plate.
I agree 100%. When I heard it was ONLY $750 million, I was surprised that it was so low. I realize that $750 million is a lot of money - but for the NFL and the number of former players in the lawsuit, it wasn't much at all. Sounds like Rodger should be publicly hanging his head, but privately fist pumping in pseudo-victory.

 

Sweet Love

IBL Representative
Goodell estimates annual revenues around $27 billion by 2024. Payments on this $750 million aren't fully paid until after 2030.

Clearly a much better deal for the league to get this nuisance off its plate.
I agree 100%. When I heard it was ONLY $750 million, I was surprised that it was so low. I realize that $750 million is a lot of money - but for the NFL and the number of former players in the lawsuit, it wasn't much at all. Sounds like Rodger should be publicly hanging his head, but privately fist pumping in pseudo-victory.
Yep...and it is not even a pseudo-victory...it is gone, done. The NFL made out like bandits. There could have been cover-ups, destroyed documents/statements, etc., and now it will never come to light.

I also heard the money will be dispersed based on need, with a cap of $5mil per player.

 

Eviloutsider

Footballguy
When do the college players start suing? When do I get in on a suit against my high school? Etc, etc?

Everyone knew the risks (maybe not as serious but they were always there) but I think the NFL should be putting that money towards healthcare for it's retired players (which is lacking) not lining the pockets of lawyers/players that just jumped in on this. Then again, if the NFL cared for it's former players that made the game what it is, this lawsuit might never have come to fruition.

 
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cobalt_27

Footballguy
Yup. I'd remove "pseudo" from victory. Clearly both sides benefit from removing risk of what could have happened had this moved forward. Players stood a lot more to lose, particularly on the question of what the NFL knew and when they knew it. There is nothing close to a consensus even today, let alone in the 60s-90s, on the long term impact of concussions when you speak to experts in the field. Get one neurologist after another on the stand asserting that position and that the etiology/mechanism of CTE is poorly understood and may not even be explained by repetitive head trauma...that would be very damaging to the plaintiff's case and was most certainly on the horizon.

Still, the NFL had a public perception problem and ran the risk of going before a court sympathetic to the players and could have cost them 11 figures. So, to walk away with only $750 million down? Huge victory for them. Not pseudo in any way.

 
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cobalt_27

Footballguy
Irks me so much talk about how "science is emerging that head trauma causes CTE." Science is doing nothing of the sort right now.

To be fair, a series of case studies predominantly by one group in Boston who has financial incentive behind positive findings in this research has demonstrated evidence of a distinct type of brain pathology in athletes. The speculation is that the head traumas caused the CTE, which then was the cause of behavioral change and eventual death.

But, the science to link all this together is long away from being established. We don't even know the base rate of CTE in "healthy" individuals with no history of head trauma. Further, the proposed mechanism of CTE is largely unknown, even by the Boston group.

Could be the science one day validates the TBI-CTE link and we might understand other factors that are exacerbating or causative. But, boy, we are not there yet. The Zurich conference on concussions in athletes last fall made it very clear we do not know the long term effects of head injuries and/or what other factors might be contributing to CTE.

 
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KellysHeroes

Footballguy
Yes but how is this to be awarded? 765mil/4500 players=170k-lawyer fees. That's if it goes to who's named, not held in a fund for future injuries.
Very interested in how this is going to be broken down. Is all 4500 players going to receive equal amounts which would be closer to 100k after fees, not much money. Or is it going to be placed in a fund and handed out to the more needy of older players? For the amount of money the NFL makes this is a huge win for them.

 

JetMaxx

Footballguy
They'll make more in investment return on their revenue over the next 15 than what they're paying out ad they get out of the negative press. Huge win.

 

GregR

Footballguy
I'd say the NFL made out very, very well on this.

Some details... this agreement would cover not just the 4700 who filed, but potentially all 18,000 who would be eligible, unless they choose to opt out to pursue their own individual trials. Part of the money (PFT has the breakdown) will be administered by court appointed doctors based on actual medical claims submitted.

In addition, it only covers players who are retired as of the day the judge accepts the agreement. But going forward it will be very difficult for current players to sue the NFL because the really damning aspects won't be there anymore. (More on that in next post to reply to someone.)

 

GregR

Footballguy
When do the college players start suing? When do I get in on a suit against my high school? Etc, etc?

Everyone knew the risks (maybe not as serious but they were always there) but I think the NFL should be putting that money towards healthcare for it's retired players (which is lacking) not lining the pockets of lawyers/players that just jumped in on this. Then again, if the NFL cared for it's former players that made the game what it is, this lawsuit might never have come to fruition.
I don't know that the players would have gotten much if it was just "we played football and got hurt and that's your fault so give us money". But it was a lot more than that.

If a lot of the info out there is correct, the NFL actively worked to suppress the relationships being found between football and CTE and other problems. They had a panel that seemed to actively attack such research, and the players are alleging the league was actively telling them there wasn't believable evidence of such. And the NFL didn't really do anything (concussion protocol, etc), to address specific consequences that did come to light.

So it really does goes beyond, "we got hurt, give us money". Even though I'm sure a ton of the players joined just for the handout... they did seem to have a case that the NFL was unethical at the cost of making their employees well informed so they could make choices about their health.

So that's the part that kind of shelters the NFL from future lawsuits. There's really not much case a current player can make that he isn't aware of the CTE issue now because of the NFL's obscuring it. Goodell got rid of the panel Tagliabue had put together that was opposing such research, and while they are still often critical of such research, it is so in the public eye who can make a case they weren't aware of it? Plus the NFL is taking steps to protect concussed players properly, etc.

 

cobalt_27

Footballguy
When do the college players start suing? When do I get in on a suit against my high school? Etc, etc?

Everyone knew the risks (maybe not as serious but they were always there) but I think the NFL should be putting that money towards healthcare for it's retired players (which is lacking) not lining the pockets of lawyers/players that just jumped in on this. Then again, if the NFL cared for it's former players that made the game what it is, this lawsuit might never have come to fruition.
I don't know that the players would have gotten much if it was just "we played football and got hurt and that's your fault so give us money". But it was a lot more than that.

If a lot of the info out there is correct, the NFL actively worked to suppress the relationships being found between football and CTE and other problems. They had a panel that seemed to actively attack such research, and the players are alleging the league was actively telling them there wasn't believable evidence of such. And the NFL didn't really do anything (concussion protocol, etc), to address specific consequences that did come to light.

So it really does goes beyond, "we got hurt, give us money". Even though I'm sure a ton of the players joined just for the handout... they did seem to have a case that the NFL was unethical at the cost of making their employees well informed so they could make choices about their health.

So that's the part that kind of shelters the NFL from future lawsuits. There's really not much case a current player can make that he isn't aware of the CTE issue now because of the NFL's obscuring it. Goodell got rid of the panel Tagliabue had put together that was opposing such research, and while they are still often critical of such research, it is so in the public eye who can make a case they weren't aware of it? Plus the NFL is taking steps to protect concussed players properly, etc.
The NFL may have sinned in not exploring the speculation about concussions and their long-term impact with the players. But, there was no "knowledge" or "known" risks about that proposed link in the past because it wasn't established then, just as it is far from established now.

This is the problem when you have a loud group of advocates who have self-interest in stirring up fears when research grants, speaking fees, and fame all hang in the balance. The Boston group that has the media in its back pocket is in the minority within its own scientific/neuroscience community. Most of my fellow colleagues in neurology and other brain science roll their eyes with this stuff. I will be very happy when this group actually begins doing real science to explore this relationship, though I think they have become far too comfortable and fat off the hog with their case study approach to ever take on that challenge.

 

Tackling Dummies

Footballguy
NFLPLA 10 year agreement, check

Referee's, 8 year agreement, check

Concussion lawsuit resolved at a tremendous bargain, check.

Almost all major four networks carry some NFL programming and w/ an expiring the ST package, more revenue on the horizon.

A majority of franchises worth over $1B, check.

This is why Goodell is loved by the owners.

 

Dinsy Ejotuz

Footballguy
Apparently it's closer to a billion when the legal fees the NFL is paying for are factored in.

A big factor is when do the payouts occur. A billion paid out today is probably worth more than a 50/50 shot (let's say) at a $3 billion payout in 10 years, after the appeals are exhausted.

And it's a negotiated settlement. Both sides gave up something to get something based on their perceptions of the case. The NFL gets to sweep any potential wrongdoing under the rug with an expensive broom. The players get a pool of money to help deal with the consequences of potentially mistreated concussions, and the concussion protocol has been updated using current medical science going forward, but the size of the potential payout is smaller.

And both sides benefit from not having the NFL brand trashed for the next god knows how many years.

 
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cstu

Footballguy
Yup. I'd remove "pseudo" from victory. Clearly both sides benefit from removing risk of what could have happened had this moved forward. Players stood a lot more to lose, particularly on the question of what the NFL knew and when they knew it. There is nothing close to a consensus even today, let alone in the 60s-90s, on the long term impact of concussions when you speak to experts in the field. Get one neurologist after another on the stand asserting that position and that the etiology/mechanism of CTE is poorly understood and may not even be explained by repetitive head trauma...that would be very damaging to the plaintiff's case and was most certainly on the horizon.

Still, the NFL had a public perception problem and ran the risk of going before a court sympathetic to the players and could have cost them 11 figures. So, to walk away with only $750 million down? Huge victory for them. Not pseudo in any way.
Not to mention all the older players who would be dead before receiving a dime.

 

KellysHeroes

Footballguy
NFLPLA 10 year agreement, check

Referee's, 8 year agreement, check

Concussion lawsuit resolved at a tremendous bargain, check.

Almost all major four networks carry some NFL programming and w/ an expiring the ST package, more revenue on the horizon.

A majority of franchises worth over $1B, check.

This is why Goodell is loved by the owners.
international play is coming next

 

KellysHeroes

Footballguy
When do the college players start suing? When do I get in on a suit against my high school? Etc, etc?

Everyone knew the risks (maybe not as serious but they were always there) but I think the NFL should be putting that money towards healthcare for it's retired players (which is lacking) not lining the pockets of lawyers/players that just jumped in on this. Then again, if the NFL cared for it's former players that made the game what it is, this lawsuit might never have come to fruition.
I don't know that the players would have gotten much if it was just "we played football and got hurt and that's your fault so give us money". But it was a lot more than that.

If a lot of the info out there is correct, the NFL actively worked to suppress the relationships being found between football and CTE and other problems. They had a panel that seemed to actively attack such research, and the players are alleging the league was actively telling them there wasn't believable evidence of such. And the NFL didn't really do anything (concussion protocol, etc), to address specific consequences that did come to light.

So it really does goes beyond, "we got hurt, give us money". Even though I'm sure a ton of the players joined just for the handout... they did seem to have a case that the NFL was unethical at the cost of making their employees well informed so they could make choices about their health.

So that's the part that kind of shelters the NFL from future lawsuits. There's really not much case a current player can make that he isn't aware of the CTE issue now because of the NFL's obscuring it. Goodell got rid of the panel Tagliabue had put together that was opposing such research, and while they are still often critical of such research, it is so in the public eye who can make a case they weren't aware of it? Plus the NFL is taking steps to protect concussed players properly, etc.
The NFL may have sinned in not exploring the speculation about concussions and their long-term impact with the players. But, there was no "knowledge" or "known" risks about that proposed link in the past because it wasn't established then, just as it is far from established now.

This is the problem when you have a loud group of advocates who have self-interest in stirring up fears when research grants, speaking fees, and fame all hang in the balance. The Boston group that has the media in its back pocket is in the minority within its own scientific/neuroscience community. Most of my fellow colleagues in neurology and other brain science roll their eyes with this stuff. I will be very happy when this group actually begins doing real science to explore this relationship, though I think they have become far too comfortable and fat off the hog with their case study approach to ever take on that challenge.
Todays players (going back to prob about 5 yrs ago) should be fully aware of the dangers concussions can cause, the NFL has done a great job in making them awareness it. However, it wasn't very long ago that these guys were threatened with their pay checks to go back on the field because they "got a headache". The NFL has made 100s of billions off these poor guys killing themselves and should everything they can to help them now that their falliing apart and dying off. The NHL should also be held accountable.

 

cobalt_27

Footballguy
When do the college players start suing? When do I get in on a suit against my high school? Etc, etc?

Everyone knew the risks (maybe not as serious but they were always there) but I think the NFL should be putting that money towards healthcare for it's retired players (which is lacking) not lining the pockets of lawyers/players that just jumped in on this. Then again, if the NFL cared for it's former players that made the game what it is, this lawsuit might never have come to fruition.
I don't know that the players would have gotten much if it was just "we played football and got hurt and that's your fault so give us money". But it was a lot more than that.

If a lot of the info out there is correct, the NFL actively worked to suppress the relationships being found between football and CTE and other problems. They had a panel that seemed to actively attack such research, and the players are alleging the league was actively telling them there wasn't believable evidence of such. And the NFL didn't really do anything (concussion protocol, etc), to address specific consequences that did come to light.

So it really does goes beyond, "we got hurt, give us money". Even though I'm sure a ton of the players joined just for the handout... they did seem to have a case that the NFL was unethical at the cost of making their employees well informed so they could make choices about their health.

So that's the part that kind of shelters the NFL from future lawsuits. There's really not much case a current player can make that he isn't aware of the CTE issue now because of the NFL's obscuring it. Goodell got rid of the panel Tagliabue had put together that was opposing such research, and while they are still often critical of such research, it is so in the public eye who can make a case they weren't aware of it? Plus the NFL is taking steps to protect concussed players properly, etc.
The NFL may have sinned in not exploring the speculation about concussions and their long-term impact with the players. But, there was no "knowledge" or "known" risks about that proposed link in the past because it wasn't established then, just as it is far from established now.This is the problem when you have a loud group of advocates who have self-interest in stirring up fears when research grants, speaking fees, and fame all hang in the balance. The Boston group that has the media in its back pocket is in the minority within its own scientific/neuroscience community. Most of my fellow colleagues in neurology and other brain science roll their eyes with this stuff. I will be very happy when this group actually begins doing real science to explore this relationship, though I think they have become far too comfortable and fat off the hog with their case study approach to ever take on that challenge.
Todays players (going back to prob about 5 yrs ago) should be fully aware of the dangers concussions can cause, the NFL has done a great job in making them awareness it. However, it wasn't very long ago that these guys were threatened with their pay checks to go back on the field because they "got a headache". The NFL has made 100s of billions off these poor guys killing themselves and should everything they can to help them now that their falliing apart and dying off. The NHL should also be held accountable.
If there is no basis to the claim that concussions cause permanent damage, then the NFL and NHL have no liability. Despite the fire breathing by the one group in Boston and the media who are searching for controversy and have picked up on this, the science absolutely is just not there to back up this claim. I work in the field. I have had countless discussions with my colleagues on this. I have seen Bob Stern and Robert Cantu and Ann McKee do their dog and pony show at least a half-dozen times now. I have watched a spirited symposium/debat between Christopher Randolph and Stern where Stern got absolutely buried on the absence of, you know, any actual science to back up the concussion-CTE link this past June in Chicago. There is so much unknown right now, and most in my field find the link dubious at best (and contrived for financial gain at worst).There may in fact be a link between the two. There also may not. Plenty of people get concussions and don't get dementia or kill themselves. We need science to flesh this out. But, so far, the cart has gotten so far in front of the horse that it's as though the scientific process is irrelevant when it comes to blame and folks wanting to pilfer from deep pockets.

I get that retired players helped make the game as robust as it is. But, that's not the argument here, this is at the root a scientific question and issue, and what's unfortunate in my mind is that the search for knowledge and understanding has been hijacked by a bunch of lawyers chasing ambulances.

 
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GregR

Footballguy
I'm far less informed than you on the scientific debate of the CTE research, cobalt.

But I hope no one is going to disagree that the NFL's in game handling of concussions was deplorable at best. I suspect if it had come down to a trial where the NFL had to produce documents from their concussion panel and internal team communications about concussed players and such, that it would end up looking extremely bad for the NFL that they didn't take reasonable steps for the player's safety. It took this lawsuit for them to take the matter seriously. Regardless of CTE-specific scientific debate we can all agree a concussed player shouldn't be in the game.

 

cobalt_27

Footballguy
I'm far less informed than you on the scientific debate of the CTE research, cobalt.

But I hope no one is going to disagree that the NFL's in game handling of concussions was deplorable at best. I suspect if it had come down to a trial where the NFL had to produce documents from their concussion panel and internal team communications about concussed players and such, that it would end up looking extremely bad for the NFL that they didn't take reasonable steps for the player's safety. It took this lawsuit for them to take the matter seriously. Regardless of CTE-specific scientific debate we can all agree a concussed player shouldn't be in the game.
Timeline is important here. With 20/20 hindsight, accentuated by the mass hysteria around concussions, it sure seems deplorable how the NFL managed concussions. But you have to understand that no real concerted effort to study mild head injuries / concussions really emerged until the past 10 to 15 years. Concussions historically have been regarded as relatively benign events, and still are in fact. But, we are armed with a lot more understanding the value of rest, and healing time and a sensitivity to the fact that no two concussions are the same. So monitoring is super important. But, whether you were in the military, law enforcement, construction work, the NFL, college football, high school hockey, EVERYONE has treated concussions as somewhat of a non-event. The NFL is being singled out when it really has been the underlying culture, not just in football, that was ignorant about how to properly manage mild head injuries until now. And, kudos to the NFL (of course with no small financial incentive provided by these lawsuits) for setting the standard by which college sports and high school sports, the military, among so many other professions follow. In my work, I can see its impact just in the work I do with vets and college athletes. The NFL has set a strong conservative standard around concussion management that is being followed in so many other spheres of life.

 
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MoveToSkypager

Footballguy
NFLPLA 10 year agreement, check

Referee's, 8 year agreement, check

Concussion lawsuit resolved at a tremendous bargain, check.

Almost all major four networks carry some NFL programming and w/ an expiring the ST package, more revenue on the horizon.

A majority of franchises worth over $1B, check.

This is why Goodell is loved by the owners.
Tags did a great job.

 

GregR

Footballguy
NFL can't catch a break. Just when they settle with the players, a new class action lawsuit over head injuries. Although this time instead of CTE and concussions, it has to do with some sort of painful cuts or lacerations to the head.

Here are a few of the plaintiffs.

 

ghostguy123

Footballguy
So is there going to be a lawsuit for guys who can barely walk, or can't walk at all, due to football related injuries?

Also, I wonder if during the concussion lawsuits for players, they talked about actually PROVING that ALL of their head ijuries and effect actually came from football. A lot of these guys could have easily gotten multiple concussions elsewhere (fights, pickup games, various other ways...). Just a thought.

 

Ballstein

Footballguy
With the news of head injuries, why aren't players dropping out of the NFL in mass exodus? Don't they realize they can hurt their head?

 

GregR

Footballguy
So in summary, the judge had told the players side to show their math that the lump sum is expected to be enough to cover expected claims, and they didn't provide it. But if they do it might then quickly be approved?

 

Godsbrother

Footballguy
Brody's central concern was that not enough money was set aside for each of the potentially 20,000 retired NFL players who would be eligible to receive money for the rest of their lives.
This is ridiculous

 

Godsbrother

Footballguy
When do the college players start suing? When do I get in on a suit against my high school? Etc, etc?

Everyone knew the risks (maybe not as serious but they were always there) but I think the NFL should be putting that money towards healthcare for it's retired players (which is lacking) not lining the pockets of lawyers/players that just jumped in on this. Then again, if the NFL cared for it's former players that made the game what it is, this lawsuit might never have come to fruition.
The players union has been severely lacking in it's concern over retired players as well.

Perhaps the former players did not understand the extent of the risks they were taking but now they are well documented.

Once this thing is settled, every current and future NFL player should be forced to sign a waiver accepting the risks. If you want the fame and money that being a professional football player brings and are willing to accept the risk then sign on the dotted line. If not then choose a different profession.

 

GregR

Footballguy
Brody's central concern was that not enough money was set aside for each of the potentially 20,000 retired NFL players who would be eligible to receive money for the rest of their lives.
This is ridiculous
I know. It should be much more than that. 765M amounts to a pittance for that many players with the expenses that they have.
That's because it's not primarily meant to pay 20,000 players. It's meant to pay those amongst the 20,000 players who actually end up with conditions. Most of them won't have said conditions.

 
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ghostguy123

Footballguy
Still seems quite strange to me that they award settlements to people without actual proof of their "condition" coming from NFL activity.

I mean, clearly many or most of the players who end up with these issues likely sustained them from NFL activities, but I would guess some have had concussions in middle school, high school, college, bar fights, pickup games, slip and fall in the bathtub, more fights after their playing days are over, car accidents, bike accidents, Gronk slams..............and whatever else people do with their heads these days..............that very well are the cause of their current problems.

 

Hoss Style

Footballguy
Still seems quite strange to me that they award settlements to people without actual proof of their "condition" coming from NFL activity.

I mean, clearly many or most of the players who end up with these issues likely sustained them from NFL activities, but I would guess some have had concussions in middle school, high school, college, bar fights, pickup games, slip and fall in the bathtub, more fights after their playing days are over, car accidents, bike accidents, Gronk slams..............and whatever else people do with their heads these days..............that very well are the cause of their current problems.
I understand what you're saying - there's no proof it's from football (just ask cobalt). I think the NFL settled though because there was going to be proof that they knew head trauma was happening, and could very well be having a negative effect on the players, yet they didn't give full disclosure to the players. I haven't followed the case really close, though, so I might be off on this.

I think if the NFL was more in front of this then they wouldn't be having so many problems.

With a company as large as the NFL, I think they should provide full insurance for all current and past players - for their full lifetimes.

I think new players coming in should not sue the NFL for future injuries since it's pretty obvious, and out in the open now, that it's part of the game. Having full insurance for all current and future health problems should be more than enough when added to the amount of money they are paid per game.

It seems the NFL just doesn't want to assume the costs for past player's injuries - even though the Wild Card games they'll add next year (reportedly) would provide enough revenue to pay for the health care of every retired NFL player currently alive. Easily.

 

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