Investigation Shines Light on Large Number of Claim Denials from NFL Concussion Settlement

An investigation published by the Washington Post provides further evidence that the firm overseeing the NFL’s concussion settlement continues to unreasonably delay or deny compensation to former players who have experienced dementia or neurological disorders as a result of traumatic brain injury. In the latest story of their Concussion Files series, the Post found that the claims administrator hired by the NFL to process claims, denying claims even after approved settlement doctors have certified these claims. These denials are based on spurious evidence.

In 2016, the Brain Injury Association of America submitted an amicus brief to the United States Supreme Court urging rejection of the settlement by the Court on the grounds that it excluded the vast majority of players suffering from conditions and consequences of traumatic brain injury and did not provide effective treatment options for class members.

Responding to the Post investigation, former BIAA Chairwoman Shana De Caro, Esq. who authored the amicus brief stated:

“This investigation sheds further light on the improper administration and denial of settlement benefits to those who are entitled to compensation under the terms of the settlement. The entire settlement and the standards of claim review must be rejected. The plan and review process must be revised to provide benefits and protection to brain-injured players.”

De Caro continued, “The NFL and its proxies continue to create as many stumbling blocks as possible for these players to receive the compensation they are due. The least they could do is honestly distribute the settlement moneys in an efficient manner in conformity with the agreement, and not continually dispute and deny claims that should rightfully be paid.”

The investigation also revealed a shrinking network of settlement-approved doctors, which has shrunk by more than 60% since 2018 and has made it challenging for players to get access for evaluation. However, even after getting a diagnosis from an approved doctor, the Washington Post reports that players face other challenges.

• Of 1,221 claims based on diagnoses made by settlement doctors 343, or 28 percent, have been denied.
• Despite pledges to move quickly, it often takes months and sometimes years or longer to review claims. In three of these cases, players died before learning the outcome of their claims.
• Many claims are denied on the basis that other health conditions are causing the player’s cognitive impairment such as pain, depression, and sleep disorders. Research shows that brain injury can develop into a chronic health condition that can cause many of these symptoms.

In light of the flaws of the design of the settlement, the Brain Injury Association of America believes that the health and wellbeing of players should come first. The NFL concussion settlement plan administrator should stop delaying or denying claims from players who have received a diagnosis from settlement-approved doctors, causing unnecessary stress and harm.