More Black Former N.F.L. Players Eligible for Concussion Payouts

Dozens of Black retired N.F.L. gamers will now be eligible for payouts value tons of of hundreds of {dollars} from the league’s billion-dollar concussion settlement, reversing earlier selections made due to cognitive assessments that used race-based measures to find out whether or not the gamers had dementia.

The choice, included in a standing report filed by the settlement administrator that was entered into the courtroom docket Thursday, got here two years after two former gamers sued the league to finish the usage of race as a criterion in evaluating the gamers’ claims, a course of often called “race-norming.”

The settlement administrator discovered that 646 gamers who had been examined for dementia however didn’t qualify for money payouts might have their assessments routinely rescored with out utilizing race as a criterion.

Of these, 61 had been discovered to have reasonable or extreme dementia and should obtain payouts value $500,000 or extra. The payouts fluctuate primarily based on a participant’s age and the variety of years he was within the league.

Another 246 former gamers had been discovered to have delicate dementia and can obtain extra testing to observe their circumstances. Thousands of different gamers have certified for examinations that won’t use race as an element; these gamers might qualify for payouts within the coming months and years.

The outcomes had been the most recent chapter within the landmark concussion settlement that has resulted in about $1 billion in claims being paid to gamers with a variety of cognitive and neurological ailments together with dementia. For years, former gamers and their households have accused the league of creating it tough, if not inconceivable, to obtain payouts from the settlement, they usually have claimed that the plaintiffs lawyer who represents each participant within the class-action settlement was not doing sufficient to combat for them.

In August 2020, two retired Black gamers, Kevin Henry and Najeh Davenport, challenged the seven-year-old settlement and accused the league of “explicitly and deliberately” discriminating in opposition to Black gamers through the use of separate race-based benchmarks to find out their eligibility for dementia-based payouts, which will be value tons of of hundreds of {dollars}.

The league denied that it was attempting to exclude Black gamers however agreed to take away race as a criterion. Christopher Seeger, the lawyer representing the whole class of gamers, apologized for permitting race for use in evaluating dementia claims.

In October, the league and attorneys for the gamers agreed to cease utilizing a participant’s race when attempting to find out his degree of cognitive decline.

David Langfitt, who has represented tons of of former N.F.L. gamers within the settlement, stated former gamers and their households owe Henry, Davenport and their attorneys “a debt of gratitude for coming forward and correcting something that was clearly wrong.”

“The best way to think of the results so far is that they are a first step, a down payment on a problem that is now corrected,” Langfitt added. “Moving forward, we expect an ongoing positive impact on the claims process, because African American players will be treated the same as the white players with whom they played.”

In a press release Friday, Seeger stated he was centered on the rescoring course of “to provide more retired players and their families with critical benefits, increase their access to information, and ensure greater equity and transparency going forward.”

The N.F.L. didn’t return a request for remark.


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