Judge Fears Concussion Settlement Too Low

PHILADELPHIA -- A federal judge denied preliminary approval of a $765 million settlement of NFL concussion claims, fearing it may not be enough to cover 20,000 retired players.U.S. District Judge Anita B. Brody asked for more financial information from the parties, a week after players' lawyers filed a detailed payout plan for her review.The proposed settlement, negotiated over several months, is designed to last at least 65 years.The awards would vary based on an ex-player's age and diagnosis. A younger retiree with Lou Gehrig's disease would get $5 million, those with serious dementia cases would get $3 million and an 80-year-old with early dementia would get $25,000."We respect Judge Brody's request for additional information as a step towards preliminary approval," NFL spokesman Greg Aiello said in a statement. "We will work with the plaintiffs' attorneys to supply that information promptly to the court and special master. We are confident that the settlement is fair and adequate, and look forward to demonstrating that to the court."Christopher Seeger, one of the attorneys for the retired players, also said in a statement that he is confident the settlement ultimately will be approved."We are confident that the settlement will be approved after the Court conducts its due diligence on the fairness and adequacy of the proposed agreement," Seeger said in the statement. "Analysis from economists, actuaries and medical experts will confirm that the programs established by the settlement will be sufficiently funded to meet their obligations for all eligible retired players. We look forward to working with the Court and Special Master to address their concerns, as they rightfully ensure all class members are protected."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."Some critics have argued that the NFL, with more than $9 billion in annual revenues, was getting away lightly. But the players' lawyers said they will face 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.Layn R. Phillips, a former federal judge from California hired by Brody to lead settlement negotiations, had called the deal fair.The NFL would also pay an additional $112 million to the players' lawyers for their fees and expenses, for a total payout of nearly $900 million.More than 4,500 former players have filed suit, some accusing the league of fraud for its handling of concussions. They include former Dallas Cowboys running back Tony Dorsett and Super Bowl-winning quarterback Jim McMahon, who suffers from dementia.