Source: Chicago TribuneAug.迷你倉 30--Dave Duerson's family could be near the end of its long legal battle with the NFL after the league Thursday agreed to a $765 million settlement deal with more than 4,500 retired players.The players -- who also include Super Bowl-winning Bears quarterback Jim McMahon -- had accused the league of hiding the dangers of brain injury while profiting from the game's violence. In terms filed in U.S. District Court for the Eastern District of Pennsylvania, approximately $675 million will go toward players or families of players who suffered severe cognitive injury, including dementia and Alzheimer's. Baseline medical exams for players will be capped at $75 million and $10 million will go toward research and education purposes. The remaining funds would cover the cost of notifying former players and to pay a settlement administrator for 20 years.If a federal judge approves, as expected, the settlement will allow the league to avoid years of costly litigation and potentially billions of dollars in jury awards.The settlement terms would not affect any current benefits programs for retired players.The NFL admitted no wrongdoing in agreeing to the settlement that does not include current players.After Duerson, the former Bears and Notre Dame safety, committed suicide by shooting himself in the heart, a study of his brain showed he suffered from chronic traumatic encephalopathy (CTE). In February 2012, his family filed a wrongful death suit in Cook County against the NFL and helmet maker Riddell, and it later was consolidated with others at the league's request with a federal "master complaint" in Pennsylvania.Tom Demetrio, the Chicago attorney representing the Duerson family in its case against the NFL, said the family had no immediate reaction to the announcement of the proposed settlement because they did not know the full details."What we do know is this is not an insignificant amount of money," he told the Tribune. "This is the NFL saying, 'We know there's exposure.' This is not an insult, this amount of money. It's a significant acknowledgment that the underlying cases are meritorious."Chris Seeger, a lawyer representing players, told reporters that families of players who committed suicide -- such as Duerson -- will be eligible for compensation for a "seven-figure payout." Individual awards for deaths from CTE would be capped at $4 million, according to the Associated Press.Efforts to reach Duerson's son, Tregg, and former wife, Alicia, for comment were unsuccessful.Duerson's attorneys opposed consolidating the case because of the "unique nature" of the allegations that Demetrio said Thursday included the fact Duerson did not play under the current collective bargaining agreement.He said the family has not decided whether it would opt out of the settlement if it's approved. But doing so would essentially restart the process in Chicago."The Duerson case is a very, very strong case and I'm sure the NFL wants to see it go away, but if the family were to opt out and the judge says opt out is OK ... keep on trucking," Demetrio said.McMahon, who lives in Arizona, has said he has been diagnosed with dementia."I can tell you that he's delighted," said his attorney, Larry Coben of Philadelphia.The settlement is considered a victory for the league, which observers estimated generates annual revenue as high as $10 billion."It would certainly seem to be fair financial terms to the NFL as an enterprise, especially given how difficult this lawsuit has been from a (public relations) and perception viewpoint on both the NFL and the sport of football," said Robert Boland, professor of sports management at New York University. "This is a very positive end for the NFL."U.S. District Judge Anita Brody in July had ordered both sides to meet with mediator Layn Phillips, a retired federal judge, in an effort to settle the dispute."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," Phillips said. "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."An independent panel will administer the payments and factors determining the amount will include the type of injury, the number of seasons played in the NFL and the player's age. The ag儲存倉eement covers all retired players, not just the plaintiffs, and future payments will be adjusted for inflation and designed to pay out for 60 years according to Seeger. The NFL would pay about half of the settlement over three years with the remaining balance over the next 17. Players will not have to prove that concussions caused their injuries, according to plaintiffs' attorneys.Despite the strong allegations players and their attorneys have made in legal complaints, plaintiffs' attorneys have said the main goal was to achieve the "right results for the players" and to do so in a timely manner for them and their families."As a lawyer you love to get all the juicy stuff, but the bottom line is this was about getting these guys money when they need it," Coben said. "What our job was was to get as much money as we could for these players and get it as soon as we could."Players who retire after the settlement is approved -- expected in the next two to three months -- are not covered, meaning future lawsuits are a possibility. However, attorneys involved in the case and experts have said there is much more knowledge about concussions publicly available now.Still, it's unclear what information may be revealed through discovery and other legal processes, as Riddell is not part of the settlement. In fact, Seeger said he "looks forward to continuing the litigation" against the company. A Riddell spokeswoman said the company does not comment on pending litigation.In a statement, the NFL Players Association said, "All of the plaintiffs involved are part of our player community, and we look forward to learning more about the settlement."The league had said it disclosed the information it had regarding research into brain trauma. It had argued previously the lawsuit was inappropriate because the issue of player safety is governed by the collective bargaining agreements negotiated between the league and the players' union."This agreement lets us help those who need it most and continue our work to make the game safer for current and future players," said Jeffrey Pash, an NFL executive vice president and the league's top lawyer. "Commissioner (Roger) Goodell and every owner gave the legal team the same direction: Do the right thing for the game and for the men who played it."We thought it was critical to get more help to players and families who deserve it rather than spend many years and millions of dollars on litigation. This is an important step that builds on the significant changes we've made in recent years to make the game safer, and we will continue our work to better the long-term health and well-being of NFL players."Insurers for the NFL and its players have denied any obligation in this case, as many of the plaintiffs participated in different eras, with changes in rules, equipment and treatment options."The benefits in this agreement will make a difference not only for me and my family, but also for thousands of my football brothers who either need help today or may need help someday in the future," said Kevin Turner, a former running back for the Eagles and Patriots who served as lead plaintiff and suffers from amyotrophic lateral sclerosis (Lou Gehrig's disease)."It's far better than the alternative ... a constant drip, drip, drip of the NFL looking like they're strong-arming their former players," said David Carter, executive director of the Sports Business Institute at the University of Southern California.Seeger said discussions have been ongoing for more than a year, but the breakthrough in negotiations came when Phillips was appointed in July as a mediator. In fact, the two sides didn't agree until Thursday."We didn't know there would be a deal until early this morning," Seeger said.The league still faces a major challenge in making the game safer. Despite rule changes designed to reduce head injuries, collisions have been growing more violent and concussions remain a significant danger."My only concern from the very start was they just needed to make the game safer," said Gary Plummer, a former linebacker for the Chargers and 49ers who was among the plaintiffs. "We have generations of kids to come who are going to be playing football. I've suffered the effects of concussions dramatically in the last few years and it only has gotten worse."Sam Farmer of Tribune Newspapers and Tribune news services contributed.Copyright: ___ (c)2013 Chicago Tribune Visit the Chicago Tribune at .chicagotribune.com Distributed by MCT Information Services迷你倉價錢
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