After many months of seeking assistance from a panel of medical experts, the parties in the NFL concussions litigation are close to reaching a proposed resolution of the pernicious race-norming issues that many players argued built racial discrimination into the administration of the settlement and its payouts. In response to a report provided by Magistrate Judge David Strawbridge, Judge Anita B. Brody of the Eastern District of Pennsylvania issued an order in the case directing the parties to file their proposed settlement with the Court no later than October 15, 2021. The Order also noted that thereafter, the Court will announce a procedure for soliciting input from class members.

Many players argued that their settlement awards in the massive NFL player concussions case were reduced, delayed, or eliminated after the NFL disputed doctor diagnoses that did not apply “African-American normative corrections.” According to the league, the disputed diagnoses failed to apply what the league felt were appropriate “racial corrections” to cognitive function tests. Such corrections are now considered highly controversial, any many argue inherently racist and discriminatory, excluding African-American league players from settlement benefits routinely awarded to White players.

Read a copy of Judge Brody’s Order.

Learn more about Lieff Cabraser’s work on behalf of NFL players seeking justice for their concussion injuries, injuries that for some player stretch back decades.

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