Lawyer believes $765M concussion deal will succeed

A lawyer who filed the first concussion lawsuit against the NFL

believes the proposed $765 million settlement will go through, and

lead to payments to injured players within 18 months.

The deal could be nixed if too many ex-players opt out to sue


But Philadelphia lawyer Sol Weiss, speaking at Villanova Law

School on Thursday, says they would face an uphill battle in court.

He thinks most will accept the deal.

”Overwhelmingly, our clients are very supportive of the

settlement, very grateful. A lot of these players had a very

glamorous life, they were pro athletes. (Now), they can’t work. …

Their families are desperate.”

Addressing criticism that the NFL, with more than $9 billion in

revenues, got off lightly, he said time was of the essence for many

of the families. Protracted litigation could have taken years, and

left some players with nothing, if the judge threw out the case or

they couldn’t prove their conditions were caused by their years in

the NFL.

”People say you only got $765 million. I’d rather have that

than $1.5 billion, 10 years down the road,” Weiss said.

The awards could reach $5 million for athletes with Lou Gehrig’s

disease and $3 million for dementia cases, and includes medical

testing for those without symptoms. The money is expected to last

for at least 65 years, according to actuarial and medical experts.

About 19,000 retired players would be eligible to seek awards or

medical testing, but current players are not part of the deal.

Asked if he thinks parents should let youngsters play, Weiss

noted that Kevin Turner, a former Philadelphia Eagle battling ALS,

made his son wait until high school to play football. The decision

was difficult, he said.

”It’s sad to see Kevin deteriorate,” Weiss said. ”Kevin’s

having a hard time speaking. Yet he’s out there every day,

supporting his son.”

Senior U.S. District Judge Anita Brody must still approve the

settlement, which was reached last month.

Weiss says Brody brought in a mediator only after a year of

negotiations between the lawyers and the NFL failed to produce an

agreement. The proposed settlement, reached late last month, also

calls for the NFL to pay the players’ legal fees in addition to the

$765 million fund.

The rule changes that have ensued since the lawsuit was filed

two years ago, and the science that’s emerged linking concussions

to brain injuries, only help the game, he said.

”It doesn’t mean the end of football. Football will still be

around, and it will be exciting. But they’re going to teach kids at

a young age how to tackle, or not to tackle with their head,”

Weiss said.

”Any sport where you can have a concussion, I think the game

will be safer for all the participants,” Weiss said.

He also mentioned lead plaintiff Ray Easterling, the former

Atlanta Falcons player who committed suicide since filing the

lawsuit two years ago. His widow remains a plaintiff.

”He had a horrible 10 years before he committed suicide,”

Weiss said.