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http://www.nytimes.com/2014/09/13/s...orts-in-nfl-concussion-deal-are-released.html
The National Football League, which for years disputed evidence that its players had a high rate of severe brain damage, has stated in federal court documents that it expects nearly a third of retired players to develop long-term cognitive problems and that the conditions are likely to emerge at notably younger ages than in the general population.
The findings are a result of data prepared by actuaries hired by the league and provided to the United States District Court judge presiding over the settlement between the N.F.L. and 5,000 former players who sued the league, alleging that it had hidden the dangers of concussions from them.
Thus, our assumptions result in prevalence rates by age group that are materially higher than those expected in the general population, said the report, prepared by the Segal Group for the N.F.L. Furthermore, the model forecasts that players will develop these diagnoses at notably younger ages than the generation population.
For years, the N.F.L. denied that there was a link between football and long-term neurocognitive conditions. As more studies, including one conducted by scientists at the University of North Carolina and another at the University of Michigan, found heightened rates of dementia and other cognitive decline in football players, the league softened its stance. Its quite obvious from the medical research thats been done that concussions can lead to long-term problems, Aiello, the N.F.L. spokesman, said in 2009, the first time any league official had publicly acknowledged any long-term effects of concussions.
The actuaries are saying it because its true, said Perfetto, who is representing her husband, Ralph Wenzel, a former N.F.L. player, in the settlement. He died two years ago. The bottom line is that prevalence is higher in N.F.L. players. Theyre going to hide behind whatever they can.
The actuarial estimates released in response to petitions made by Bloomberg, ESPN and several of the roughly 5,000 plaintiffs were largely in line with an independent analysis of the projected compensatory awards made by The New York Times in January.
In all, the actuaries hired by the plaintiffs lawyers assumed that about 90 percent of the 5,000 players who sued the N.F.L. would file a claim for money, which is awarded on a sliding scale based on a players age and the number of years he was in the league. In general, younger former players with diseases eligible for compensation would receive more than older players, and former players who competed for five or more years in the league would receive more than those with less N.F.L. experience, on the assumption that they had absorbed more punishment.
The plaintiffs lawyers also assumed that half of the remaining retired players who had not sued the league would also file a claim. Like all retirees, they are covered by the settlement.
This report paints a startling picture of how prevalent neurocognitive diseases are among retired N.F.L. players, and underscores why class members should immediately register for this settlements benefits, Christopher Seeger and Sol Weiss, the lead lawyers for the retired player plaintiffs, said in a statement.
While adding clarity to a muddy process, the actuarial reports reinforce the biggest concern of critics of the settlement: that players with lesser cognitive problems caused by repeated head trauma are unlikely to receive any money.
Seven retired players took the unusual step of asking a federal appeals court to help address that issue even before the settlement had been completed. On Thursday, the appeals court said it would not do so.
Others have said they will opt out of the settlement to preserve their legal options. The family of Junior Seau, a star linebacker who killed himself and was found to have had C.T.E., said it would not participate in the agreement and would continue to seek damages from the N.F.L.