A settlement, but (maybe) not an escape

I'm still recovering, to some degree, from watching that first round of the NFL draft, and I will get back to some observations on that before too long. In the meantime, though, a couple of pieces of news that are of interest in understanding what the NFL knew and when it knew it have passed through in the past couple of weeks, and they're worth a quick comment.

It did not pass the notice of this blog that the long-disputed settlement between the NFL and a large number of retired players was approved by an appellate court about two weeks ago.

Nobody involved considers the settlement perfect (even the NFL, I suspect, but for different reasons), but the judge ruling on the case opined that it was not warranted to hold out for anything better. About 20,000 former players will potentially be covered by the settlement, al though a small handful of players did not participate in the settlement and are likely to continue action against the league. (Additionally, a number of families of players who were not diagnosed with CTE until after the settlement cutoff date -- Ken Stabler comes to mind -- are unlikely to accept being cut off from financial restitution.)

You can read the article for the gory legal details as you wish. For a great many people, the most damning result of that settlement was this: because of the acceptance of the settlement, there were two possible results caught up in these two quotes from the ESPN article above:

...thereby potentially ending a troubled chapter in league history.

and:

The settlement deal means the NFL might never have to disclose what and when it knew about the risks and treatment of concussions.

Now for many, this was the most damaging part of the settlement; the NFL was able to get off the hook without any admission of guilt, and there would be nothing in the settlement to hold the NFL accountable for what it knew, and when, and what it did to obscure it. In the eyes of too many, this was a poor result, even if a number of former players were able to receive funds within three to four months, possibly.

In the words of a TV foof associated with college football, not the NFL: not so fast, my friend.

Those initial reports were leaving out one party with quite an interest in the settlement, and in particular its distribution, as well as any other monies that might be disbursed for medical treatment for those former players: the insurance industry.

A New York state judge ruled that NFL officials and doctors had to be made available for questions, and in fact to answer questions, from insurers who want no part of paying up to a billion dollars* in potential settlement money if the NFL was not being honest about its knowledge of concussions and brain trauma and their effects. As well, documents pertinent to that knowledge and informaiton were also required to be made available.

*While the official amount of the settlement is $765 million, the actual compensation fund in the settlement (estimated at $675 million) is in fact uncapped; a separate $75 million medical monitoring fund was also uncapped as part of the settlement. Therefore, the actual amount of money spent could be much higher. The NFL estimates in court documents that they expect to disburse no more than $900 million, but the amount could be higher. 

When or how this will happen is yet to be determined, but (if anybody actually pays attention) this could be a significant development in getting at the truth of the NFL's involvement with (potentially) covering up what it knew of the damage the game was doing to its players. This could be damning in any future cases of litigation against the league (while 20,000 players may be expected to be covered, such information may well draw others out of the woodwork), and will potentially just look bad for the league. Bad enough to finally shake its stranglehold on its fan base? I'm not holding my breath. Bad enough to make the whole enterprise look less appealing to athletes with any other sports options? Sure. Bad enough to raise, at long last, enough ethical doubt about the game for something to give in this society? Who knows?

One point that has been wondered about in the past: what about current players? As much as I may not respect or trust the league, I don't think current players need to be included. Heartless? I don't think so. Whatever might yet be revealed about how long and how much the NFL knew, you don't need the NFL's acknowledgment to know what the risks are now. At some point, it's a player's responsibility to protect his own health now. You don't want to take that risk? Don't play. At least a few players are making that choice, as recent headlines have shown.

Anyway, this potential questioning, and its potential results ... something to watch.

You never know where important information will turn up.