NFL Disability Plan Lawsuit Allowed to Proceed by Federal Judge
A lawsuit accusing the NFL’s disability plan of denying valid injury claims and violating its duty to retired players has been permitted to proceed to trial on most counts by a federal judge in Maryland. The lawsuit, filed last year, alleges bad faith and flagrant violations of federal law by officials overseeing the program. U.S. District Judge Julie R. Rubin ruled that the suit can move forward against the board, but not against commissioner Roger Goodell or trustees individually, as they were not implicated in any wrongdoing.
Lawyers for the 10 retired players involved in the potential class action hailed the ruling as “a huge win” for those facing what they termed “systemic injustice.” They expressed anticipation for the opportunity to shed light on the NFL’s alleged betrayal, hold the plan accountable, and reform the system for the benefit of current and future players.
The disability plan’s board, which consists of six voting members with Goodell serving as the non-voting chairperson, did not immediately respond to requests for comment. This latest legal battle is not unfamiliar territory for lawyer Chris Seeger, who previously represented players in concussion cases that resulted in a settlement exceeding $1 billion in payouts.
The disability plan, established as part of the 2011 collective bargaining agreement between players and the union, was designed to provide assistance to former players dealing with physical and cognitive injuries stemming from their time in the league. Successful claims can result in payments ranging from $65,000 to $265,000, although the plaintiffs’ lawyers claim that few retirees receive the maximum amount.
The lawsuit alleges that examining doctors are incentivized to deny claims in order to receive repeat referrals from the program. One neuropsychologist, who reportedly received over $800,000, evaluated 29 former players and denied their claims in every instance, according to the plaintiffs’ attorneys.
Plaintiffs Push Forward with Allegations of Denied Benefits and Lingering Injuries
The lawsuit, now moving forward to the discovery phase, alleges that the board failed to uphold the plan’s objectives, disregarded pertinent information in evaluating claims, and failed to provide sufficient justification for their decisions. The plaintiffs, including former NFL players Willis McGahee, Eric Smith, and Mike McKenzie, claim they were unjustly denied benefits despite suffering from debilitating injuries acquired during their playing careers.
McGahee, a first-round draft pick in 2003 who spent 11 seasons in the NFL, has undergone numerous surgeries for injuries sustained as a running back. Smith, a longtime safety, describes ongoing brain injuries resulting in blackouts and violent episodes. McKenzie, who played for the Green Bay Packers and New Orleans Saints, struggles with constant pain and headaches after sustaining head injuries.
The additional plaintiffs involved in the lawsuit include Jason Alford, Daniel Loper, Jamize Olawale, Alex Parsons, Charles Sims, Joey Thomas, and Lance Zeno.
Kosport Magazine Summary:
A federal judge ruled that a lawsuit against the NFL’s disability plan, accusing it of denying valid injury claims, can proceed to trial. The lawsuit alleges systemic injustice and violations of federal law by program officials. Despite initial denials, the lawsuit has now been permitted to move forward against the board, with former players claiming they were unjustly denied benefits for lingering injuries. The case involves notable NFL figures such as Willis McGahee, Eric Smith, and Mike McKenzie, who all continue to suffer from the effects of their playing careers.
