I’m a bit behind in updating the blog homepage, so here’s a recap of our most recent work and also a few blasts from the past and other tidbits of interest. ~Sheilla
NFL Concussion Settlement Opt-Out cases are back in the news – sort of. While not receiving mainstream news coverage some important developments are taking place within the court. A recent, and to my knowledge unreported development outside Law360 and here is Judge Brody’s decision to issue an order demanding medical records of the majority of opt-out plaintiffs. This is a ruling of great significance that could result in many cases being tossed without having the benefit of complete motion practice, mutual discovery, or trial. I explain in detail here:
At the present time, the lawsuit filed on behalf of the daughter of Aaron Hernandez is considered an opt-out, although Hernandez neither opted into or out of the settlement, and has filed claims substantially different from most others in the opt-out designation. I’ve analyzed recent motions in this case that will likely keep it afloat or torpedo it.
One group of opt-out players, who spent their careers with Missouri teams have filed claims based on state law against the Chiefs and Cardinals. This article was written before oral arguments were held in April 2018. No additional information is available on the public docket in respect to this case, but the arguments are summarized here:
Retired NFL players are not the only athletes facing challenges in having their league accountable for brain injuries the dangers of which were hidden and mishandled. The proposed class action against the National Hockey League failed to receive class certification, leaving the players and their claims in limbo. Derek and I teamed up for a two-part series analyzing the denial of class certification and projecting the road ahead.
Retired NFL players who did not opt out of the settlement have seen a slight uptick of claims approvals, but continue to face challenges. See the thread below for more information (click to expand).
One example of the less than accurate actuaries, is that ALS claims submitted & approved have already exceeded 65 yr. projections. This is a huge reason for the higher dollars along with more Death with CTE claims than anticipated. https://t.co/OwYCQEWy1F
— Sheilla Dingus (@SheillaDingus) August 1, 2018