In her 132-page opinion, Brody agreed with the lead negotiators that the settlement could exclude future claims involving chronic traumatic encephalopathy (CTE), even as critics like neurologist Robert Stern of Boston University call CTE “the industrial disease of football.” Brody said neither the disease nor any definitive symptoms can yet be diagnosed in the living.
“The settlement does compensate the cognitive symptoms allegedly associated with CTE,” Brody wrote, and “requires the parties to confer in good faith about possible revisions … based on scientific developments.”
The total NFL payouts over 65 years, including interest and $112 million sought for lawyer fees, is expected to exceed $1 billion.
“From a business point of view, (the NFL has) … avoided what may have been the biggest risk to their continued prosperity,” said Andrew Brandt, director of the sports law program at Villanova University law school. “Removing this as a threat is extraordinary.”
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