The NFL has made extravagant advances in their standards of equipment. They are working on a helmet that can measure the severity of a tackle and determine whether the player should continue in the game. The rules are changing with the game to protect players who may be more prone to injury, resulting in the evolution of the game. But what is causing all of this change?
According to the Sports Business Journal, the NFL could pay $2.5 billion if it loses to the retirees in a federal class action lawsuit in which they say they were injured by concussions suffered from the sport. While it has been presumed the league’s potential liability, if it were to lose or settle the concussion case, the payout could reach nine or even 10 figures which is more than the current predictions.
More than 4,200 retirees have signed on to complaints, with the possibilities of even more to come forward. According to Sports Business Journal, “the complaints have now been consolidated to a single action in federal court in Philadelphia, alleging the NFL hid the risks of playing the sport.” The predictions are projected to payout $450,000 to each player which equals $1.89 billion overall. The remaining $610 million would most likely derive from punitive damages and medical monitoring costs. But the NFL believes they should only be responsible for excess liability, if at all.
The NFL wants the case dismissed stating there is no actual controversy because they face no liablility at this point. The NFL’s outside counsel, John Hall, told the court at the hearing that there could be “hundreds of millions of dollars in defense costs in this case.”
“The NFL is already moving to get its insurers to pay defense costs, and they have done so to some degree, sources said, but not at the amount the league is seeking. The league also could look to the insurers to cover any liability assessed from the concussions. While the numbers are large, they are not particularly surprising to me given the fact that the underlying suits involve multiple players spanning a 45-year period,” said Lynda Bennett, chair of the insurance coverage practice at Lowenstein Sandler. “In light of the $2.5 billion potential liability, coupled with the fact that this dispute is taking place on two coasts right now, the litigation expenses will certainly escalate.”
The federal judge in Pennsylvania is expected to rule this summer whether to dismiss the concussion case, allow it to proceed, or let some of the lawsuit move forward.
What do you think about the NFL paying for the concussions the players have indured? Do you think they should be paid, or do you think they already assumed the risks when they first stepped foot on that field before ever joining the NFL? If the second sounds more like your view I agree. Every athlete knows the risks when competing, especially at the professional level.