Administering the NFL concussion settlement

[mauf]

In a court filing, the NFL has alleged that former players and their attorneys have filed hundreds of false claims under the concussion settlement.

https://www.wsj.com/articles/nfl-alleges-deep-and-widespread-fraud-in-concussion-settlement-1523641002

The motion—filed in the U.S. District Court for Eastern Pennsyl-vania, where the settlement is overseen—says that an independent administrator in the case has recommended that more than 400 claims be rejected because of fraud. That amounts to 23% of the total claims submitted and has a potential value of hundreds of millions of dollars based on the claims already awarded.

Among the allegations: At least one player was advised to show up to a neuropsychological evaluation hungover and on Valium, to ensure that he failed cognitive tests required to qualify for a settle-ment. Medical reports submitted by one neurologist included identical vital signs for more than 20 different players. One doctor claimed to have to have spent 130 hours evaluating players in a single day—on two separate occasions.

For their part, claimants have accused the NFL of dragging its feet in approving payments, though it isn’t clear that the NFL has much control over that process, which is handled pursuant to an independent process that was spelled out in the settlement.

Both sides have been concerned for some time that unscrupulous lawyers would seek to take advantage of former players, particularly those who are legitimately injured and might lack the cognitive capacity to understand the process.

https://nyti.ms/2vqEtVh

This dispute puts the concussion issue back on the front pages, which isn’t a good look for the NFL, but with hundreds of millions of dollars potentially at stake, they have little choice but to fight back. And anyone who has ever looked at the spate of asbestos litigation understands that claims of injured people, corporate misconduct, and slimy lawyers seeking to capitalize on the situation are far from mutually exclusive.

We’ve had some discussions about this subject in other concussion-related threads, but now that it’s clear the settlement is going to be a news story for some time to come, I thought it deserved its own thread.

 

[EricFeczko]

Absolutely. At the risk of shameless self-promoting, here was the sonsofsamhorn.com article from 2015 that alluded to this very problem.

http://insidethepylon.com/nfl/long-form-editorial/opinion-long-form-editorial/2015/11/26/mission-accomplished-nfl-hides-its-concussion-problem-successfully/

Limiting the settlement to those suffering, “conditions most closely related,” to concussions means that psychotic, depressed, and/or suicidal former players are excluded. Without a doubt, those exhibiting closely related symptoms – if afflicted with cognitive impairment – will receive necessary care as a result. But it would do nothing for Dave Duerson, the former Chicago Bear suffering from depression who knew something was wrong with his brain – so certain was he that when he shot himself in the chest, he left behind a request that his brain be examined. He was later diagnosed with CTE. The NFL’s narrowing of qualifying symptoms is a cynical attempt to legally limit the scope of their liability, forever protecting its profits while current and former players suffer. In this vein, it is notable that Duerson’s family has objected to the settlement that they claim, “disenfranchises the families who will inevitably suffer the horrific ramifications of CTE.”

If the NFL was serious about understanding how concussions may impact their players, annual cognitive assessments could provide a baseline to examine the effects of concussions. Coupled with a concussion protocol for evaluating cognition and emotion after on-field hits, such data could provide a rich picture in the effect of concussions on the brain, and help develop and test safer equipment.
...
Instead, 75 million dollars from the settlement were provided for baseline assessments to retired players only. “The BAP is a $75 million fund that provides Retired Players with an opportunity to be tested for cognitive decline. Any Retired Player who has played at least half of an Eligible Season can receive a baseline assessment examination, even if he has not yet developed any adverse symptoms nor received a Qualifying Diagnosis.” In other words, the baseline for cognitive decline is after a player has been subject to a career of NFL hits.

To some extent, the NFL is reaping what they sowed in terms of false claims. This was a crappy settlement, if the goal was to diagnose, treat, and support players affected by NFL hits. Without the proper data and protections to the process, all sorts of bad actors will creep into the mix.

 

[ifmanis5]

A step in the right direction.
View: https://twitter.com/AP/status/1400162696478265344

The NFL says it will halt the use of “race-norming” — which assumed Black players started out with lower cognitive functioning — in a $1 billion settlement of brain injury claims. The practice had made it harder for Black players to qualify.

 

[djbayko]

A step in the right direction.
View: https://twitter.com/AP/status/1400162696478265344

The NFL says it will halt the use of “race-norming” — which assumed Black players started out with lower cognitive functioning — in a $1 billion settlement of brain injury claims. The practice had made it harder for Black players to qualify.

[Checks this isn't TheOnion] That was actually a thing which was happening recently? What the hell?

 

[cornwalls@6]

[Checks this isn't TheOnion] That was actually a thing which was happening recently? What the hell?

I thought the same thing. It seems like a nuclear bombshell of a story that it was ever going on in the first place, but it's getting very little play from what I've seen. Am I missing something?

 

[mauf]

I thought the same thing. It seems like a nuclear bombshell of a story that it was ever going on in the first place, but it's getting very little play from what I've seen. Am I missing something?

From the article, I inferred that someone devised a system to correct for the known cultural biases in standardized testing, and that system was used perversely in this case to create racially discriminatory outcomes. Which is awful. People should lose their jobs over this, even if the mistake was innocent rather than malicious.

If I understand the story correctly, I think it’s only a “nuclear bombshell” if Roger Goodell or a team owner was aware of these details.

 

[cornwalls@6]

From the article, I inferred that someone devised a system to correct for the known cultural biases in standardized testing, and that system was used perversely in this case to create racially discriminatory outcomes. Which is awful. People should lose their jobs over this, even if the mistake was innocent rather than malicious.

If I understand the story correctly, I think it’s only a “nuclear bombshell” if Roger Goodell or a team owner was aware of these details.

Yes, upon closer look I think that's right. I was going off of a few summaries on PFT and other places. I agree, if it wasn't done with the knowledge or approval of Rog or any of the owners, then it's not really the indictment of the league it looked like on first blush(giving him/them the benefit of the doubt is always dicey, but it's probably fair in the instance). I also completely agree that whoever concocted this, needs to be outed and fired. And that system sure looks like it was used to make it harder for African American players to get their due in the settlement.