According to an article in the Washington Post, former NFL players are being betrayed by the very concussion settlement that was met to protect them from the physiological effects of playing such a punishing sport for a living.
DENVER, CO - DECEMBER 28: Strong safety David Bruton #30 of the Denver Broncos lies on the ground in pain after a play that would force him out of the game with a reported concussion during a game against the Oakland Raiders at Sports Authority Field at Mile High on December 28, 2014 in Denver, Colorado. (Photo by Doug Pensinger/Getty Images)
$1.2 billion has been paid out to over 1,600 former players and their families in the seven years since the settlement was agreed to, which is beyond what was predicted during negotiations. The NFL points to these numbers as evidence that the settlements are fair.
The NFL uses this number as proof that the concussion settlement is working as it should. But, according to the article, measures agreed to under the settlement "routinely fails to deliver money and medical care to former players suffering from dementia and CTE."
The settlement in question was agreed upon in 2015 by a federal judge in the case between the NFL and a group of more than 5,000 former players.
Players were entitled to a monetary award if they were diagnosed to be suffering from problems that stemmed from a career in the NFL.
"They Would Routinely Fail To Diagnose Dementia"
Will Hobson, author of the article explained how it has more wrinkles than one might believe.
"The settlement's definition for dementia requires more impairment than the standard definition used in the United States," he wrote. "Several doctors who have evaluated players told the Post that if they used the settlement's definition in regular care, they would routinely fail to diagnose dementia in ailing patients."
University of Toronto associate professor Carmela Tartaglia believes the settlement was crafted with the primary goal of saving the NFL money. Carmela Tartaglia, an associate professor of neurology at the University of Toronto, told the Washington Post she thought the settlement was crafted "just to save the NFL money."
Christopher Seeger is perhaps the most prominent among the lawyers for players who believe the league's definition of dementia is deficient. Former defensive back Shawn Wooden, who played eight seasons in the NFL, believes the wording was never put into the proper context for players.
Sallye Benecke, whose deceased husband Freeman White was diagnosed with Alzheimer's in 201, says it's purposely misleading. Mr. Freeman's settlement claim was denied in 2018 because a doctor reviewing his case said his cognitive issues stemmed from a lack of vitamin B12.
The NFL just stopped using the "race-norming" to determine payouts in 2021. This phrase "has been used by scientists for decades as a way to correct for the lower levels of education often found in minority communities," according to WP.
In the case of the settlement, some argued Black players were encountering more difficulties in proving they were suffering from a cognitive disease due to the "race-norming" being applied.
