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Press Release

Press Release

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Published by cbsradionews
Press release of NFL concussion settlement statement
Press release of NFL concussion settlement statement

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Published by: cbsradionews on Aug 29, 2013
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09/11/2013

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LTERNATIVE
 D
ISPUTE
 R
ESOLUTION
 
CENTER
 
Irell & Manella LLP840 Newport Center DriveSuite 450 Newport Beach, CA 92660-6324Telephone: (949) 760-5288Fax: (949) 760-5289
 
2848041
NFL, RETIRED PLAYERS RESOLVE CONCUSSIONLITIGATION; COURT-APPOINTED MEDIATOR 
HAILS “HISTORIC” AGREEMENT
 Thousands of Retirees and Families to BenefitMedical Testing; Research; Compensation andPromotion of Safety All Part of Agreement
Former United States District Judge Layn Phillips, the court-appointed mediator inthe consolidated concussion-related lawsuits brought by more than 4,500
 
retired football players against the National Football League and others, announced today that the partieshad reached an agreement that would end the litigation
 
against the NFL and NFL Propertiesand provide medical and other benefits, as well as compensation, to qualifying injured players or their families.The agreement came after nearly two months of intensive negotiations under thesupervision of Judge Phillips. It will be submitted for approval to United States DistrictJudge Anita B. Brody, who is presiding over these cases in federal court in Philadelphia.Under the agreement, the NFL and NFL Properties will contribute $765 million to providemedical benefits and injury compensation for retired NFL football players, fund medical andsafety
 
research, and cover litigation expenses.
 
Attorn
eys‟ fees, to be approved by the district
court, will be paid in addition to the settlement amount.
“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,” said Judge Phillips. “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. I amdeeply grateful to Judge Brody for appointing me as mediator and offering me the
opportunity to work on such an important and interesting matter.”“This agreement lets us help those who need it
 
most and continue our work to makethe game safer for current and future players. Commissioner Goodell and every owner gavethe legal team the same direction: do the right thing for the game and for the men who
 played it,” said NFL Executive Vice President Jeffrey Pash. “We thought it was critical to
 
 
2848041
Alternative Dispute Resolution Center 
Irell & Manella LLP
get more help to players and families
 
who deserve it rather 
 
than spend many years andmillions of dollars on litigation. This is an important step that builds on the significant
changes we‟ve made in recent years to ma
ke the game safer, and we will continue our work to better the long-term health and well-
 being of NFL players.”
 
“This is an extraordinary agreement that will provide immediate care and support toretired players and their families,” said lead plaintiffs‟
attorney Christopher Seeger of Seeger 
Weiss LLP. “This agreement will get help quickly to the men who suffered neurological
injuries. It will do so faster and at far less cost, both financially and emotionally, than couldhave ever been accomplished by c
ontinuing to litigate.”
 
“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 ru
nning back for thePhiladelphia Eagles and New England Patriots. Turner, who has been diagnosed with ALS,
will serve as the lead plaintiff for one group of retired players. “I am grateful that the NFL
is making a commitment to the men who made the game w
hat it is today.”
 Once final documentation is completed, the settlement will be filed with JudgeBrody, who will then schedule a hearing to consider whether to grant preliminary approvalto the agreement. If the settlement receives preliminary approval, Judge Brody will directthe parties to distribute notice to the retired players. After giving retired players anopportunity to file objections to the settlement, Judge Brody will hold a hearing to consider whether to grant final approval. Judge Brody is expected to issue the precise schedulewithin a few weeks.
“Approval of the settlement will require Judge Brody to determine that it is fair,
reasonable, and adequate in light of the claims and defenses, and
 
the expense, uncertaintyand time inherent in litigating the claims, particularly given
 
the benefits provided by the
agreement,” said Judge Phillips. “There is no question that this settlement will provide
 benefits much sooner, and at much less cost, for many more retirees, than would have beenachieved through extended litigation. For these and other reasons, I will strongly endorse
this settlement in my report to Judge Brody.”
A summary of the key terms of the agreement is attached.
 
LTERNATIVE
 D
ISPUTE
 R
ESOLUTION
 
CENTER
 
Irell & Manella LLP840 Newport Center DriveSuite 450 Newport Beach, CA 92660-6324Telephone: (949) 760-5288Fax: (949) 760-5289
 
2848041
Principal Terms of NFL Litigation SettlementClass Settlement
 – 
 
The settlement will include all players who have retired as of thedate on which the Court grants preliminary approval to the settlement agreement, their authorized representatives, or family members (in the case of a former player who isdeceased).
No Admissions of Liability or Weakness of Claims
 
 – 
The settlement does notrepresent, and cannot be considered, an admission by the NFL of liability, or an admission
that plaintiffs‟ injuries were caused by football. Nor is it an
acknowledgement
 
 by the plaintiffs of any deficiency in their case. Instead, it represents a decision by both sides tocompromise their claims and defenses, and to devote their resources to benefit retired players and their families, rather than litigate these cases.
Payments
 
 – 
The NFL and NFL Properties will make payments in connection withthe settlement as follows:(A)
 
Baseline medical exams, the cost of which will be capped at $75 million;(B)
 
A separate fund of $675 million to compensate former players who havesuffered cognitive injury or their families;(C)
 
A separate research and education fund of $10 million;(D)
 
The costs of notice to the members of the class, which will not exceed $4million;(E)
 
$2 million, representing one-half of the compensation of the SettlementAdministrator for a period of 20 years; and(F)
 
Legal fees and litigation expenses to the plaintiffs‟ counsel, which
amounts will be set by the District Court.

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