September 3, 2019
Dear Retired Players and Families,
Last month's newsletter focused on some very disturbing news--that of the NFL seeking to permanently disqualify players from settlement participation and pursue criminal fraud charges if the NFL believes they've misrepresented an aspect of their claim.
I'll start this month's news with a follow-up to that story. Instead of issuing a blanket determination on the NFL's objection, Judge Brody ruled (off the docket, of course) on the five individual claims impacted. While I've been unable to obtain documents, I have learned from three credible sources that Brody ruled in favor of one player and against the other four, but she declined to impose the NFL's requested penalties against them. Instead of disqualification or pursuing charges, she has instructed the players to submit new claim packages, correcting the "misrepresentations" found in the originals.
In most instances, this would entail specific reporting of driving habits, i.e., if the player or his informant stated previously that he doesn't drive, and the NFL captured video of the player driving, the new claim packet would have to describe the details and instances in which the player drives.
Bottom line--players have dodged a bullet for the time being. In ruling on the claims individually, these players, and the class as a whole have avoided the danger of disqualification or imprisonment at present, but the NFL is a leopard that doesn't change its spots, so I don't expect the issue to go away. The NFL can and probably will raise it at another point in the future. Just as Judge Brody initially deferred on a decision to appoint a special fraud investigator, she may also be deferring on a blanket ruling on these issues.
The best thing players can do to protect themselves is to be very honest with doctors regarding activities and functional ability, and if they don't already have an attorney representing them, hire experienced counsel to represent them in the claim process. The NFL is very devious and becoming more and more aggressive in their war against dementia claims. It's important to have representation that understands both the medical issues and the Settlement Agreement along with the myriads of FAQs and Special Masters' rules in order to have the greatest chance at claim approval.
The past month represented a flurry of activity in the settlement including some disturbing developments tempered with some slivers of good news. I'll start with the good.
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