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.
