You may recall that the previous settlement agreement between the National Football League and a class of former players was scrapped by the judge, who was concerned that there wouldn’t be enough funds to fully compensate the injured players who sustained head injuries.
Yesterday, the parties entered into a new settlement agreement. Unlike the last settlement, this settlement isn’t capped at any specific amount. This ensures that any former player who develops a qualifying neurocognitive condition will be compensated for the injury.
This is an interesting way forward. Obviously, we represent a number of clients who have sustained head injuries, so I know the ways that these types of injuries can affect someone. But I’ve also done some work on class actions, and it’s highly unusual to craft a settlement that doesn’t have a cap on the damages. It will be interesting to see how the case proceeds and whether the ultimate amount paid out will surpass the $765 million that was being set aside in the prior agreement.