According to a proposed transaction filed in federal court Wednesday, the NFL has agreed to end racial-based adjustments in the dementia test.
The revised test plan follows public anger over the use of “racial norms,” which was first revealed after two former NFL players filed a civil rights lawsuit in 2019. A black player suffering from dementia to win an average of over $ 500,000 awards.
According to the settlement, black retirees will have the opportunity to re-score the test or, in some cases, seek a new round of cognitive tests. The details were first reported on Wednesday at the New York Times.
“Future reconciliation programs will not use racial norms or racial demographic estimates, whether black or white,” the reconciliation said.
Proposals that still have to be approved by the judge are months of non-NFL, class lawyers for retired players, and lawyers for black players who have filed proceedings, between Najeh Davenport and Kevin Henry. Following public negotiations.
The majority of league players (70% of active players and over 60% of live retirees) are black. Therefore, the changes are important and are expected to be potentially costly to the NFL.
To date, the fund has paid $ 821 million for five types of brain damage, including early and progressive dementia, Parkinson’s disease, and Lugeric’s disease, also known as ALS.
Black player lawyers suspect that white men were twice or three times as likely to qualify for the award as blacks. It is unclear whether the racial breakdown of payments will be made or made public.
A black NFL retiree, Ken Jenkins and others, have asked the Department of Justice’s Civil Rights Department to begin an investigation. The first payment was awarded in 2017. The fund, which currently has no cap, is intended to last for 65 years for all who retired when it was first approved.
To date, about 2,000 men have applied for the Dementia Award, but only 30% have been approved. In some cases, the NFL has appealed the payments given to black men if the doctor did not apply racial adjustments. The new plan will forbid any race-based challenges.
“The NFL should be really angry about the norms of the race … it should be unacceptable to them and all their sponsors,” said Roxanne’Roxy’Gordon of San Diego, the wife of a former player with a disability. Said earlier this week.
Amon Gordon, a graduate of Stanford University, realized he couldn’t work at the age of 40. He has been qualified for the Advanced Dementia Award twice, only overturning the decision for reasons that are not yet clear. His case is being heard in the Federal Court of Appeals in Philadelphia.
The NFL will not admit fraud under the terms of the new settlement.
In June, the league agreed to stop using racial norms that presupposed black players to start with lower cognitive function. It makes it difficult to show that they are suffering from the mental deficiencies associated with their play day.
The binary scoring system for dementia testing (one for blacks and one for everyone else) was used in the 1990s as a rough way to take into account the socioeconomic background of patients. Developed by a neurologist. Experts say it was never intended to be used to determine payments in a court settlement.
Over 20,000 NFL retirees or relatives are enrolled in a payment program that provides monitoring, testing, and some compensation. The award averages $ 715,000 for people with progressive dementia and $ 523,000 for people with early dementia.
“It would be great if the new process eliminates racial norms and more people qualify,” said Jenkins, who defends people with disabilities without disabilities.
“(But) we’re not going to get everything we want,” insurance company executive Jenkins said Tuesday. “We want full transparency of all demographic information from the NFL-who applied and who was paid.”
Anita B. Brody, a senior judge in the US District Court who has overseen the settlement for 10 years, has dismissed the proceedings filed by Davenport and Henry this year for procedural reasons. However, she later ordered the lawyers who negotiated the 2013 settlement, New York plaintiff lawyers Christopher Seger (player) and Brad Carp (NFL), to work with mediators to deal with it.
Meanwhile, Gordon and the other NFL families are waiting.
“His life is ruined,” Roxy Gordon said of his husband, who spent nearly a decade in the league as a defensive tackle or defensive end. “He’s a 40-year-old educated man who can’t even use his skills. It was terrible.”
NFL agrees to end race-based brain testing with a $ 1 billion settlement | NFL
Source link NFL agrees to end race-based brain testing with a $ 1 billion settlement | NFL