Second Proposed Settlement in NCAA Concussion Lawsuit Announced

Earlier this month, a new proposed settlement agreement was filed with the Court in the NCAA Concussion MDL. In December, District Court Judge John Z. Lee rejected a preliminary approval of the lawsuit, saying it was unclear in some sections and the dollar amount proposed was potentially insufficient. Lee then ordered both sides to attempt to reach a different settlement.

The original lawsuit called for the NCAA to create a $70 million fund to test current and former athletes in contact and non-contact sports for trauma caused by brain injuries. It also called for the NCAA to strengthen its return-to-play rules after an athlete suffers a concussion. Judge Lee had noted that the first settlement did not allow the NCAA a means of enforcing schools to adopt rigorous return-to-play concussion policies.

The first lawsuit was filed in 2011 by four plaintiffs, including former safety Eastern Illinois Adrian Arrington, who said that he suffered five concussions during his career, with some so severe that he couldn’t recognize his parents after the head trauma. Since then, a total of 10 lawsuits have been filed against the NCAA, which were consolidated into an MDL in Chicago.

However, one attorney has objected to the proposed agreement. His argument includes that the proposed settlement is not just-compensation to athletes.

Reports have indicated that the amount of the settlement is close to the original proposed one.

In both settlement agreements, no money is allocated to athletes for damages. Instead the money would go towards testing and monitoring of former NCAA athletes. Approximately 4.4 million athletes could apply for the NCAA-funded testing. 

Judge Denies Approval of NCAA Concussion Settlement

On Wednesday, Judge John Z. Lee denied preliminary approval to a proposed settlement in a class-action concussion lawsuit against the NCAA. Judge Lee still encourage the parties to continue to negotiate a settlement. Judge Lee sits in the Northern District of Illinois.

In July, it was announced that the parties had agreed to a $75 million preliminary settlement that would create a medical monitoring fund to provide testing over the next 50 years, would allocate $5 million to research, and would include recommendations the NCAA would make to its membership to codify new guidelines.

Some of the concerns raised in the Judge’s Order regarded the fairness and feasibility of the settlement. Critics have questioned whether the settlement was sufficient. An economic analysis submitted with the preliminary settlement stated the settlement would provide enough funding.

While the settlement did not include a damages class, something that would be difficult to certify, it preserved the right of any athlete to file an individual personal injury lawsuit.

Former College Football Player Ray Hudson's Story Is Sadly Like So Many Others

John Solomon of The Birmingham Times and al.com wrote a great piece on former University of Alabama running back Ray Hudson. John Solomon has done an excellent job covering the NCAA concussion lawsuit and I have posted links to other articles he has written on previous blog posts. 

Ray Hudson is one of the former "student-athletes" suing the NCAA over concussions. His story is sadly similar to so many others who filed suit. His case was filed in Florida and has been transferred to the consolidated MDL action in Illinois. 

Click on the link below for the full article.

http://www.al.com/sports/index.ssf/2014/02/ex-alabama_rb_ray_hudson_copes.html

NCAA Concussion Lawsuits Consolidated In MDL

Early last week, the Judicial Panel on Multi-District Litigation ordered nearly a dozen concussion-related lawsuits against the NCAA to be consolidated. All cases were sent to the Northern District of Illinois where the Arrington case has been pending for over two years. 

The JPML heard oral arguments for consolidation on December 5, 2013, in Las Vegas. A number of class action lawsuits have been filed since the Arrington case was filed, but the class definitions vary in terms of sport played, years played, and other differences. Almost all cases filed do however make claims for medical monitoring. 

In their Order, the Judges wrote, "Most of the actions now pending, however, involve nearly completely overlapping putative classes and claims." They went on to state, "Regardless of the scope of the putative classes alleged, all actions share common factual questions concerning the NCAA's knowledge of the risks of concussions in football players and its policies governing the protection of players from such injuries."

The Arrington case has been in mediation since November, and another case is set for mediation in February. It is unclear what will happen with those negotiations now that the Panel has consolidated all of these cases.