Critical Information in the NFL Brain Case

Is the NFL case finally resolved? Ask the media and pundits and the answer is yes. Not so quick though …..

On December 12, 2016, the United States Supreme Court rejected all appeals and remanded the case back to Judge Brody at the Eastern District of Pennsylvania. While the case was sent back to Judge Brody, there remains a 25 day window expiring on January 6, 2017 for the purpose of filing “Motions for Reconsideration.” In reality, this is a procedural matter, but may delay the implementation of the settlement should any participant file such a Motion. It is anticipated that the same will be filed. 

The December 12, 2016 date is critical as the case moves forward. This date forever becomes the “Effective Date” (ED) of the NFL settlement. The ED serves as a benchmark for most of the deadlines in the case. 

To be eligible for benefits from the NFL settlement, all players must have been fully retired prior to July 7, 2014. Period. No exception. 

The following are the critical dates for all retired NFL players. 

The deadline to register for NFL settlement benefits is 180 days after the “Registration Deadline.” This date has not been set, but will be shortly after the January 6, 2017 deadline set out above. 

What is the deadline to file a claim? The bottom line is that anything can change as we move forward in the case. At the present, the following control:

1.     Discovery of compensable injury prior to the ED = Two years from date of post registration period.

2.     Discovery of compensable injury after the ED = Two years from date of discovery of compensable injury.

The “Baseline Assessment Program” (BAP) caused considerable fusion. I am recommending that all retired players receive the same as soon as the system is established. 

Critical BAP dates are based on age on the December 12, 2016 (ED):

1.     43 and older = BAP must be completed by Wednesday, December 12, 2018.

2.     43 and under = BAP must be completed the sooner of the following:

a.     Age 45; or,

b.     December 12, 2026. (Again, whichever date is sooner.)

What are the subclass designations?

1.      Subclass 1 – Retired players without a Parkinsons, ALS, Level 1.5 or Level 2.0 diagnosis prior to July 7, 2014.

2.     Subclass 2 – Diagnosis after July 7, 2014.

What happens as we move forward? I am advising my client to be as proactive as possible. Obtain medical and educational records from all sources to establish a baseline. Diagnostic films, neuropsychological testing, neurology results or anything that can help substantiate any claim are critical. NFL, NCAA, PA and other documents may yield critical information.

Timing? Given the nature of the NFL case, we are preparing our client's immediately for the settlement process.

Sincerely,

Daniel S. Chamberlain

PLEASE NOTE THAT THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY, IS NOT A SOLICITATION AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP. 

IF YOU HAVE AN ATTORNEY, PLEASE CONSULT YOUR ATTORNEY FOR GUIDANCE.