Lawyers representing former NFL players on Wednesday estimated that payouts from a concussion settlement with the league would top US$1.4 billion, a US$400 million jump because of thousands more players filing claims.
The number of players who filed to be a part of the settlement has outpaced all previous estimates and could keep growing, the lawyers said in a federal court filing based on estimates from an actuary.
The estimate accounted for players who have filed claims and those who have officially given notice that they intend to file claims.
The actuary said participation rates are 21 percent greater than estimated when the settlement was reached.
As of Monday, 499 claims totaling more than US$485 million had been approved, the filing said.
The massive increase in estimated payout came the same day a judge denied a request from the league to appoint a special investigator to look into what the league said were extensive fraudulent claims against the settlement fund.
Judge Anita Brody wrote in her federal court ruling that the league’s attorneys had demonstrated that there is “sufficient evidence of probable fraud to warrant serious concern,” but added that a special master and a claims administrator have effectively ferreted out those claims for now.
“The audit process is working effectively,” Brody wrote in her deferral ruling, saying that if the claims administrator or special master notify the court an investigator is needed, “the court will rule on the motion at that time.”
The league in May requested an investigator and cited an independent study that it said found more than 400 claims recommended for denial based on evidence of fraud by attorneys, doctors and former players attempting to cheat the program.
The league has said those attempts to scam the US$1 billion settlement fund have slowed down the awarding of valid claims.
The settlement, which took effect in January, resolved thousands of lawsuits that accused the NFL of hiding what it knew about the risks of repeated concussions. It covers retired players who develop amyotrophic lateral sclerosis, dementia or other neurological problems believed to be caused by concussions suffered during their professional careers, with awards as high as US$5 million for the most serious cases.
Attorneys for the league had cited practices such as doctors seeing players for evaluation not in clinical settings, but in hotel rooms, law offices or other places.
They also cited a doctor who said she spent seven to 12 hours evaluating each patient, but sometimes approved as many as eight patients per day.
A lawyer for several plaintiffs on Wednesday said that he and others representing the players supported Brody’s decision.
“Since the NFL filed its motion more than three months ago, the claims process has continued to accelerate and the current audit process is working effectively,” said Chris Seeger, co lead counsel for the retired players. “We will not allow a small number of potentially fraudulent claims to be used as an excuse by the NFL to deny payment to legitimately injured former players.”
In their May arguments, Seeger and other attorneys said that the instances of fraudulent claims would be cut dramatically after the most recent rules for claims went into effect, including a list of approved physicians to determine eligibility.
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