Damages Could Be $675 Million Or More; NFL Agrees To Pay And Not Contest $112.5 Million In Fees/Costs To Class Counsel.
On July 7, 2014, U.S. District Judge Anita B. Brody gave preliminary approval to a settlement in In re NFL Player’s Concussion Injury Litig., No. 2:12-md-02323-AB (E.D. Pa. July 7, 2014, Doc. No. 6083) after intensive negotiations between NFL and the players before mediator Layn R. Phillips and special master Perry Golkin. The settlement has three levels of benefits: (1) $75 million Baseline Assessment Program; (2) 65-year Monetary Award Fund awarding cash to retired NFL players; and (3) $10 million Education Fund to fund educational safety/prevention programs. District Judge Brody was convinced after the NFL agreed to eliminate a $675 damages cap from the compromise. NFL agreed to pay, in addition to the three benefit levels, $4 million in notice expenses and agreed to not object to any class counsel attorney’s fees/expense request which did not exceed $112.5 million (the last feature commonly known as a “clear sailing” clause).