NFL Legal: Supreme Court ruling paves way for NFL retirees to receive concussion benefits

playahaitian

Rising Star
Certified Pussy Poster
http://www.npr.org/sections/thetwo-...jects-challenges-to-nfl-concussion-settlement

Supreme Court Rejects Challenges To NFL Concussion Settlement


  • ap_9208290289-8a9fb53bb5e27257ab8d1c8ac152e7f07ad3653c-s800-c85.jpg


    Minnesota Vikings players bring down Washington wide receiver Art Monk during an NFL game in 1992. Monk was one of the lead plaintiffs in the $1 billion settlement with the NFL over brain injuries among former players.

    Doug Mills/AP
    The U.S. Supreme Court says it will not consider a challenge to the terms of a concussion-related settlement between the National Football League and more than 20,000 retired players.

    The deal settled a class-action filed by former players who accused the NFL of covering up what it knew about the link between playing professional football and the degenerative brain disease known as chronic traumatic encephalopathy, or CTE.

    The settlement was given final approval by a judge in 2015. But the deal was later challenged by a small group of dissenting players who argued that it "unfairly favored currently injured retirees and left thousands of former players who have not yet been diagnosed with neurological diseases without any recourse," NPR's Nina Totenberg reported.


    THE TWO-WAY
    NFL Report: Concussion Diagnoses Increased 32 Percent

    Attorneys for those players also questioned whether the settlement should be renegotiated in light of comments made by the NFL's executive vice president for health and safety, who acknowledged during congressional testimony earlier this year that there is a connection between football and CTE, as The Two-Way reported.

    But a federal appeals court found the admission did not invalidate the deal, under which the NFL did not admit wrongdoing, and the Supreme Court upheld the lower court's decision.

    Now, with the final legal challenge over, payouts to individual players can begin.

    The settlement will pay medical and other benefits to players who suffered concussions and related injuries, and could cost the NFL up to $1 billion over 65 years depending on how much the league ends up paying to each of the more than 20,000 former players covered, as we have reported.

    View image on Twitter
    CzfJGMKWIAAQOye.jpg:small

    https://twitter.com/download
    Tom Pelissero

    ✔@TomPelissero

    NFL statement on SCOTUS decision rejecting appeals of $1 billion concussion settlement.

    10:40 AM - 12 Dec 2016 · Green Bay, WI

    The Associated Press reported that the NFL estimates 6,000 former players, or nearly one-third, "could develop Alzheimer's disease or moderate dementia," and that the average payout would be about $190,000.

    Here's our previously reported breakdown of the maximum financial awards related to different brain injuries diagnosed in former players.
    • Level 1.5 neurocognitive impairment: $1.5 million
    • Level 2 neurocognitive impairment: $3 million
    • Parkinson's disease: $3.5 million
    • Alzheimer's disease: $3.5 million
    • Death with CTE: $4 million
    • ALS (Lou Gehrig's disease): $5 million
    In an information page about the settlement, "level 1.5 neurocognitive impairment" is described as "early dementia [with] moderate to severe cognitive decline." Level 2 is described as "moderate dementia [with] severe cognitive decline."

    One of the lead plaintiffs in the class-action against the NFL was Kevin Turner, who died earlier this year at age 46. Turner played for both the Philadelphia Eagles and the New England Patriots, and was diagnosed with ALS six years before he died.

    gettyimages-451218046-55e718796d8f80b0dfcf14429079bc1816941783-s800-c85.jpg


    Kevin Turner, a former player in the National Football League leaves a hearing of the Senate Special Committee on Aging in 2014. He died earlier this year.

    Win McNamee/Getty Images
    But that diagnosis was incorrect, according to researchers at Boston University. In November, the Boston Globe reported "Turner spent his excruciating final years stricken with a severe case of football-related chronic traumatic encephalopathy, or CTE, which caused a motor neuron disease similar to ALS."

    CTE can be diagnosed only through a brain autopsy after a person has died.

    In recent seasons, the NFL has changed some rules that it hoped would reduce the number and severity of helmet-to-helmet collisions, but as we reported, an NFL report released in January found the number of concussions last year was 32 percent higher than the previous year.
 

playahaitian

Rising Star
Certified Pussy Poster
http://abcnews.go.com/Sports/wireSt...s-1b-nfl-concussion-settlement-place-44140503

The Supreme Court on Monday rejected the final two challenges to the estimated $1 billion settlement between the NFL and thousands of its former players who have been diagnosed with brain injuries linked to repeated concussions. Players who already have been diagnosed with Lou Gehrig's disease, Parkinson's, Alzheimer's or dementia could begin receiving payments in 90 to 120 days.

"The benefits process will finally move forward," said attorney Christopher Seeger, who represented the class of more than 20,000 retired NFL players now eligible for payments for the next 65 years.

The league has estimated that 6,000 former players — or nearly three in 10 — could develop Alzheimer's disease or moderate dementia. Payments could be as high as $5 million for those with Lou Gehrig's disease, also called amyotrophic lateral sclerosis, or ALS; the average payout is expected to be closer to $190,000.

"These courageous men and their families, who in the face of great adversity took on the NFL, have made history," Seeger said. "Despite the difficult health situations retired players face today, and that many more will unfortunately face in the future, they can take comfort in the fact that this settlement's significant and immediate benefits will finally become available to them and last for decades to come."

The class-action lawsuit filed in Philadelphia accused the NFL of hiding what it knew about the link between concussions and chronic traumatic encephalopathy, the degenerative brain disease that has been found in dozens of former players after their deaths. Senior U.S. District Judge Anita B. Brody approved the deal last year after twice sending it back to lawyers over concerns the fund might run out.

It was upheld by the 3rd U.S. Circuit Court of Appeals in April.

"This settlement will provide significant and immediate relief to retired players living with the lasting scars of a NFL career," Judge Thomas L. Ambro wrote for the unanimous three-judge panel that affirmed the settlement. "We must hesitate before rejecting that bargain based on an unsupported hope that sending the parties back to the negotiating table would lead to a better deal."

But two separate petitions — one from the family of late Buffalo Bills fullback Cookie Gilchrist, and the other from a group of 31 players that included including 1996 Super Bowl MVP Larry Brown and Hall of Famer Charles Haley — asked the nation's highest court to stop the settlement. Their requests for a Supreme Court hearing were rejected without comment from the justices on Monday.

As part of the settlement, the NFL admitted no fault, though a league official did acknowledge during congressional testimony that there is a link between football and CTE. The deal avoids the need for a trial and means the NFL may never have to disclose what it knew and when about the risks and treatment of repeated concussions.

In a statement, NFL spokesman Brian McCarthy said the league was pleased with the decision.

"We look forward to working with class counsel and Judge Brody to implement the settlement and provide the important benefits that our retired players and their families have been waiting to receive," McCarthy said.

Critics complained that the settlement approved by Brody does not cover future CTE cases. The lead negotiators said they instead set aside compensation for treatment for some CTE symptoms. That does not include the depression, aggression and mood swings reported by some former players who experienced repeated concussions.

Other payments are expected to be around $4 million for past CTE deaths and $3.5 million for advanced Alzheimer's disease.

"They will not need to prove that their diagnosis is the result of NFL play to receive an award," Seeger said.

Players' lawyers who negotiated the deal with the NFL — and stand to split $112 million in fees — say the settlement will help families get needed financial awards or medical testing that might take years if the case went to trial.

Ambro agreed.

"Compensation for players who are coping with these symptoms now is surely preferable to waiting until they die to pay their estates for a CTE diagnosis," the judge wrote.

In a conference call with reporters on Monday, Seeger closed by thanking former Patriots and Eagles fullback Kevin Turner, who was the lead plaintiff in the litigation. Researchers announced last month that Turner suffered from CTE to a degree that they had not seen for an athlete who died in his 40s.

"It's really important that people understand that without the commitment that Kevin made, it wouldn't be possible to get where we are," Seeger said. "I end this on somewhat of a sad note that Kevin couldn't be here to see this."
 

Hotlantan

Beep beep. Who's got the keys to the Jeep? VROOM!
OG Investor
How much would an NCAA class action suit do? Most college players play college football 4 whole years - only a fraction play pro ball that long.
:idea:
 

playahaitian

Rising Star
Certified Pussy Poster
http://www.cnn.com/2017/07/25/health/cte-nfl-players-brains-study/index.html

CTE found in 99% of studied brains from deceased NFL players
By Daniella Emanuel, CNN


Updated 2:57 PM ET, Tue July 25, 2017

Now PlayingWhat is CTE?
Source: CNN

What is CTE? 01:55
Story highlights

  • Chronic Traumatic Encephalopathy (CTE) was found in 110 of 111 brains of deceased former NFL players
  • The study is the largest of its kind, examining 202 brains of former football players in total
(CNN)Chronic traumatic encephalopathy, known as CTE, was found in 99% of deceased NFL players' brains that were donated to scientific research, according to a study published Tuesday in the medical journal JAMA.

The neurodegenerative brain disease can befound in individuals who have been exposed to repeated head trauma. The disease is pathologically marked by an buildup of abnormal tau protein in the brain that can disable neuropathways and lead to a variety of clinical symptoms. These include memory loss, confusion, impaired judgment, aggression, depression, anxiety, impulse control issues and sometimes suicidal behavior.


5 things to know about CTE

It can only be formally diagnosed with an autopsy, and most cases, although not all, have been seen in either veterans or people who played contact sports, particularly American football.
"There's no question that there's a problem in football. That people who play football are at risk for this disease," said Dr. Ann McKee, director of Boston University's CTE Center and coauthor of the new study. "And we urgently need to find answers for not just football players, but veterans and other individuals exposed to head trauma."
The JAMA study is the largest of its kind and all of those studied were required to have football as their primary exposure to head trauma. The criteria for submitting a brain was based on exposure to repetitive head trauma, regardless of whether that individual exhibited symptoms during their lifetime.


Aaron Hernandez's brain will be examined for CTE

The study points out potential bias because relatives of these players may have submitted their brains due to clinical symptoms they noticed while they were living. It also acknowledges the lack of a comparison group that represents all individuals exposed to college-level or professional football. Without that, the study lacks an overall estimate on the risk of participation in football and its effects on the brain.
Out of 202 deceased former football players total -- a combination of high school, college and professional players -- CTE was neuropathologically diagnosed in 177, the study said. The disease was identified in 110 out of 111 former NFL players. It was also found in three of the 14 high school players and 48 of the 53 college players. The study included brains of individuals who have been publicly confirmed to have had the disease, including Ken Stabler, Kevin Turner, Bubba Smithand Dave Duerson.
"The medical and scientific communities will benefit from this publication and the NFL will continue to work with a wide range of experts to improve the health of current and former NFL athletes," the NFL told CNN in a statement, noting that "there are still many unanswered questions relating to the cause, incidence and prevalence of long-term effects of head trauma such as CTE."


NFL acknowledges CTE link with football. Now what?

In 2016, the NFL publicly acknowledged for the first time a connection between football and CTE. In June 2015, a federal judge approved a class-action lawsuit settlement between the NFL and thousands of former players, providing up to $5 million per retired player for serious medical conditions associated with repeated head trauma.
"The NFL is committed to supporting scientific research into CTE and advancing progress in the prevention and treatment of head injuries," the NFL statement on the study said. "In 2016, the NFL pledged $100 million in support for independent medical research and engineering advancements in neuroscience related topics. This is in addition to the $100 million that the NFL and its partners are already spending on medical and neuroscience research."
Questions raised
The study examined both the brain pathology -- which is the behavior of the disease in the brain --and clinical history of every participant. It identified four stages of pathological CTE severity among the brains, based on amounts of tau buildup and distribution. Stages one and two are considered to be mild and stages three and four are considered severe.


Inflammation in the brain linked to CTE

Individuals who were reported to have experienced more behavioral mood symptoms during their lifetime were more likely to have findings indicative of mild disease as opposed to severe. These symptoms occurred in 96% of mild cases and 89% of severe cases. People with a mild build up and distribution of tau were also more likely to have died by suicide. Those with a more severe build up, on the other hand, were more likely to have experienced cognitive symptoms, such as memory loss.
The behavioral and mood symptoms in people with mild disease evidence may be the result of other influences, such as neuroinflammation or axonal injury, which is an injury to the brain cells, McKee said. The question of pathology's relationshipto clinical symptoms is one they're hoping to answer in future studies, she said.
Dr. Jeffrey Kutcher, national director of the Sports Neurology Clinic at the Core Institute, who was not involved in the study, agreed with the need to further understand this relationship.
"Just because we are describing the same CTE pathology, the collection of tau and the distribution that's consistent with CTE, that doesn't mean it's the only pathological process," Kutcher said. "There could be others that we are yet to identify. So I think its important that we don't just focus on one pathology, and that we start looking for others."
Seeking help
Studies like this have the potential to create a powerful narrative for football players who read them, but may not have a full understanding of the science or the bias in the sample, Kutcher said. This could lead players to believe that they are damaged and that there is no use in seeking help, he said.
"To me, that is one of the biggest issues we have right now," Kutcher said. "Not emphasizing that people should seek treatment for their problems."


Former NFL player Kevin Turner diagnosed with CTE

Although the disease cannot be formally diagnosed until after death, many of the symptoms of CTE that may be experienced during a lifetime, such as depression or anxiety, are treatable, Kutcher said. That is why its important for someone experiencing these symptoms to access a comprehensive evaluation by a neurologist, and work with them to figure out a treatment plan.
Kutcher said its also important to consider that the brains examined in the study came from players who played decades ago. Most of the participants with CTE played football during the 1950s, '60s, '70s, '80s and '90s, McKee said, with the rest having played in the 2000s and 2010s.
The experiences of the majority were different from those who play the sport today, Kutcher said, and there was not the same awareness, medical protocols or equipment to prevent brain injuries.
"My rule as a physician, as a neurologist, is to protect and promote the brain health of my patients over the course of a lifetime, no question about that. You have to look at the total person though," Kutcher said. "You have to understand why people play sports. It's an individual decision, everybody gets different things out of it. You also have to understand what the arc of their life is going to be, what their health is going to be at the end of their career."
Next steps
McKee and her colleagues are currently working to understand more about CTE and who is most susceptible to it. They are looking at the lengths of exposure to head trauma, the age of first exposure, the lengths of playing careers and how that relates to the risk of CTE and its pathological severity, she said.
Join the conversation
See the latest news and share your comments with CNN Health on Facebook and Twitter.

"It certainly can be prevented and that's why we really need to understand how much exposure to head trauma and what type of head trauma the body can sustain before it gets into this irreversible cascade of events," she said.
They are also using the 177 donated brains with CTE to try and see if there are any genetic risk factors of the disease.
"For the first time, we've established this really rich resource, not only of data, both the clinical symptoms and the pathological features, but also a tissue resource to enable future research in CTE," McKee said. "And we know that this study doesn't answer many of the very important questions in CTE, but the resource will help us understand the molecular underpinnings, will help us develop biomarkers and therapies by understanding the pathological features of the disease."
An earlier version of this story incorrectly stated that this is Concussion Awareness Week. It is Major League Lacrosse Concussion Awareness Week.
 
Top