Thursday, December 18, 2014

NCAA Concussion Case Was Enough Money Awarded?


Plaintiffs in the NCAA’s concussion case submitted

documents earlier this week arguing that the $75 million

settlement funds were sufficient to fund a 50-year

medical monitoring program. Those documents were

submitted at the request of US District Judge John Lee,

 who is presiding over the case.


        CBS Sports  reports that Lee denied

preliminary approval for the settlement on Wednesday,

citing several concerns he wants to see addressed. Lee

was concerned the settlement won’t fully fund the

medical monitoring program because of the inclusion of

student-athletes from non-contact sports. Lee asked for

a more specific framework of a medical monitoring

committee that will evaluate student-athlete

questionnaires, because if the “method used to

 determine who receives a medical evaluation” it

wrongfully limits those who are eligible, “the health of

individual who should be receiving treatment could be

endangered.” He also raised concerns over the ability for

the plaintiffs and NCAA to notify class members since

many have been out of school for more than ten years.

Attorney Jay Edelson, representing plaintiff Anthony

Nichols, said the settlement is dead and indicated that

he will instead “aggressively” pursue a series of class-

action lawsuits against individual universities.


        The Chicago Tribune states that Lee’s concern over

the ability of the settlement to fund the program depends

on participation rates calculated by experts for the

plaintiffs, which Lee said “are not reliable.”


        The AP adds that Lee also questioned

whether the NCAA has jurisdiction to implement

concussion policies and wonders how they would

enforce them in the event of non-compliance.


  The New York Times notes that though Lee had several

concerns, he called the proposal “a significant step in

trying to arrive at a resolution.” Furthermore the Times

says that a rejection of a preliminary settlement isn’t



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