Black retired football players denied payments for dementia in the NFL's $1 billion concussion settlement can seek to be retested or have their claims rescored to eliminate racial bias in the testing and payout formula, under a plan approved by a judge.
but ordered the parties to address the problem. She approved the negotiated changes in an order filed Friday.
In one recent ruling that shows the difficulty families have faced navigating the claims process, the reviewer bemoaned the long delays experienced by the widow of a former player found after his 2019 death to have advanced CTE, or chronic traumatic encephalopathy. The vast majority of the league’s players — 70% of active players and more than 60% of living retirees — are Black. So the changes are expected to be significant, and potentially costly for the NFL.
The binary scoring system used in dementia testing — one for Black people, one for everyone else — was developed by neurologists in the 1990s as a crude way to factor in a patient’s socioeconomic background. Experts say it was never meant to be used to determine payouts in a court settlement.
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