The NFL and lawyers for thousands of retired NFL players have reached an agreement to end race-based adjustments in dementia testing in the $1 billion settlement of concussion claims, according to a proposed deal filed Wednesday in federal court.
According to CBC, the revised testing plan follows public outrage over the use of “race-norming,” a practice that came to light only after two former NFL players filed a civil rights lawsuit over it last year. The adjustments, critics say, may have prevented hundreds of Black players suffering from dementia to win awards that average $500,000 or more.
The Black retirees will now have the chance to have their tests recorded or, in some cases, seek a new round of cognitive testing, according to the settlement, details of which were first reported in The New York Times on Wednesday.
“We look forward to the court’s prompt approval of the agreement. Also provides for a race-neutral evaluation process that will ensure diagnostic accuracy. And fairness in the concussion settlement,” NFL lawyer Brad Karp said in a statement.
Terms of new settlement by NFL
The NFL would admit no wrongdoing under terms of the new settlement. The binary scoring system in dementia testing – one for Black people, one for everyone else. It was developed by neurologists in the 1990s as a crude way to factor in a patient’s socioeconomic background. Experts say it was never meant to be used to determine payouts in a court settlement.
The CBC stated that more than 20,000 NFL retirees or relatives have registered for the settlement program, which offers monitoring, testing, and, for some, compensation. The awards average $715,000 for those with advanced dementia and $523,000 for those with early dementia.
‘His life is ruined’: Roxy Gardon
“If the new process eliminates race-norming and more people qualify, that’s great. [But] we’re not going to get everything we wanted. We want full transparency of all the demographic information from the NFL. The ones who are applied, who’s been paid.” Jenkins, an insurance executive, said Tuesday.
Senior U.S. District Judge Anita B. Brody, who has overseen the settlement for a decade, dismissed the suit filed by Davenport. And Henry this year on procedural grounds. But she later ordered the lawyers who negotiated the 2013 settlement. New York plaintiffs lawyer Christopher Seeger for the players. And Brad Karp for the NFL, to work with a mediator to address it.
“His life is ruined. He’s a 40-year-old educated male who can’t even use his skills. It’s been horrible.” Roxy Gordon said