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Two separate reports submitted Friday as part of ongoing litigation between former players and the NFL conclude that 28 percent of them will develop a debilitating brain disorder.
Both reports filed in U.S. District Court in Philadelphia go on to support the notion that the $765 million settlement agreement -- which includes $85 million for baseline medical exams and a $10 million research fund -- under consideration by the judge in the case would be adequate to cover player claims through the year 2080.
The reports conclude that about 28 percent of the estimated 21,000 former NFL players eligible for the class will be diagnosed with one of the five listed diseases, which include ALS (or Lou Gehrig's disease), Alzheimer's, Parkinson's, dementia and chronic traumatic encephalopathy, or CTE.
The estimated diagnosis rates in the reports are 'materially higher than those expected in the general population' and suggest that the diseases will be diagnosed at 'notably younger ages' than is typical.
The settlement agreement was reached in August 2013 in the lawsuit filed by more than 4,500 former players, as well as families of players who have died. There have been questions about whether the settlement figure would be enough, but the reports conclude that the total cost for payouts and administering the program will be $933 million over the life of the program.
It will be funded with $675 million plus estimated interest earnings of $371 million through the early 2080s.
Senior U.S. District Judge Anita B. Brody has granted preliminary approval of the plan, and a fairness hearing is scheduled for the settlement for Nov. 19.
More than 200 former Steelers, including Dermontti Dawson, Louis Lipps, John 'Frenchy' Fuqua, Chris Hoke and Jeff Hartings, are plaintiffs, according to a database compiled by The Washington Times.
Lawyers for some players have complained that the negotiations have been cloaked in secrecy, leaving them unsure of whether their clients should participate or opt out by the Oct. 14 deadline.
'We still lack 'an informed understanding of the dynamics of the settlement discussions and negotiations.' Indeed, we have zippo understanding,' wrote Thomas A. Demetrio, an attorney who represents the family of former Chicago Bears safety Dave Duerson, who committed suicide in 2011.
The family of former linebacker Junior Seau, who also committed suicide, has announced plans to opt out. He and Mr. Duerson are among about 60 former players diagnosed after their deaths with the brain decay called CTE.
The payouts to players will be based on a formula including the number of years played in the league and the age at diagnosis.
The average age for all players, according to the players' report, is 50.5 years, and the average number of years played was 4.1.
To receive the maximum payout, the players must have played for at least five years and be less than 45 years old at the time of diagnosis. For fewer years played and older ages at diagnosis, the payouts will be reduced.
For example, the maximum payout possible for ALS would be $5 million, but the average will likely be $2.93 million. For Alzheimer's, the maximum would be $3.5 million, but the average is a fraction of that at $340,000.
According to the players' report, 72 percent of the total population of former NFL players will die of natural causes unrelated to one of the compensable diseases.
Of the 28 percent estimated to be diagnosed, nearly 50 percent will have dementia as their most serious disease. Out of the rest, nearly 97 percent will be diagnosed with Alzheimer's, the report said.
http://ift.tt/1drmXFk contributed. Paula Reed Ward: pward@post-gazette.com, 412-263-2620 or on Twitter: @PaulaReedWard.
