Jan 14, 2014

(Washington Times) -- A federal judge denied a preliminary motion to approve the proposed $765 million concussion settlement between the NFL and retired players Tuesday.

Judge Anita Brody expressed concern the amount wouldn’t be sufficient. The parties maintained the $675 million set aside to compensate retired players would last 65 years.

“I am primarily concerned that not all Retired NFL Football Players who ultimately receive a Qualifying Diagnosis or their related claimants will be paid,” Judge Brody wrote in the court filing.

The settlement, filed in U.S. District Court for the Eastern District of Pennsylvania last week, outlines a schedule of payments to retired players based on experience in the NFL along with the type and severity of cognitive impairment.

“It is difficult to see how the Monetary Award Fund would have the funds available over its lifespan to pay all claimants at these significant award levels,” Judge Brody wrote.

The judge asked the parties file documentation used to conclude the amount will be adequate.

Judge Brody is also concerned by the settlement’s ban on retirees from suing the NCAA or amateur football organizations over cognitive.

More than 4,800 retired players have sued the NFL over head injuries. The settlement, if ultimately approved, would apply to all retired players, regardless of their participation in the litigation.