March 22, 2024, 3:00 p.m. ET
A judge ruled that retired NFL players can proceed to trial in disability cases.
PHILADELPHIA — A lawsuit accusing the plan of disability of the NFL from violating its duty to retired players by routinely denying valid claims for injuries can proceed to trial on most charges, a federal judge in Maryland ruled.
A judge ruled that retired NFL players can proceed to trial in disability cases. AP Photo/Rick Osentoski, File
The lawsuit, filed last year, accuses officials who oversee the program of bad faith and flagrant violations of federal law. U.S. District Judge Julie R. Rubin indicated that the lawsuit can move forward against the board, but not against Commissioner Roger Goodell or the trustees individually, since they were not accused of wrongdoing.
The lawyers of the 10 retired players who signed the possible lawsuit Collectively called Wednesday’s ruling “a huge victory” for those subjected to what they called “systemic injustice.”
“We hope to continue shedding light on this betrayal of the NFLholding the plan completely responsible and fixing this broken system to make it fair for the players to move forward,” attorneys Chris Seeger and Sam Katz said in a statement Thursday.
The board has six members with voting rights, while Goodell acts as non-voting president. An NFL spokesperson did not immediately respond to a message seeking comment.
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Seeger is no stranger to battles with the league: He also represented players in concussion cases that led to a settlement that exceeded $1 billion in payouts.
The NFL has said it expected annual payments for the disability plan to reach 330 million dollars last year.
The program grew out of the 2011 collective bargaining agreement between players and the union, and was hailed as a way to help sick former players. A successful claim can result in payments of between $65,000 and $265,000but plaintiffs’ attorneys say few retirees see the maximum amount.
Former players say they were denied benefits even though their time in the league left them with lingering physical or cognitive injuries that make life difficult and sometimes unbearable.
The lawsuit also alleges that doctors who examine Players are more likely to receive repeat referrals from the program if they deny claims. A neuropsychologist who received more than $800,000 examined 29 former players and denied their claims in all cases, according to lawyers.
The judge ruled that the Lawsuit can now move forward to discovery, when the two sides exchange evidence. He said the plaintiffs have plausibly alleged that the board ignored the plan’s stated objectives, failed to consider the entire record in evaluating the claims and failed to offer reasoned decisions.
The plaintiffs include Willis McGahee, a first-round pick in 2003 who spent 11 seasons in the NFL, including seven seasons with the New York Jets. McGahee noted that he has had more than a dozen surgeries for injuries he suffered as a runner, is moody and struggles to play with his young children, but his claim was denied.
New York Jets veteran safety Eric Smith is another claimant. He said his brain injuries caused by football still cause blackouts and violent episodes.
“There were times when I would pass out and I would wake up… and I’m bleeding, there are holes in the wall. My wife and my kids are crying,” Smith said in a video conference call last year. “I took a dark path.”
2024-03-22 20:00:00
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