The NFL and its owners dodged one of the biggest threats to the sport itself today by reaching a $765 million settlement with 4,500 former players who had alleged the league covered up the danger of concussions for decades.
Although the deal worked out by a court-appointed mediator still must be approved by federal judge Anita Brody, it can only be seen as a huge victory for a league that had been rocked in recent years by the mounting fallout from concussion-related injuries.
The settlement, which caps awards at $5 million per player but in most cases will be much less than that, is a drop in the bucket compared to the massive annual revenues generated by the NFL that reached nearly $10 billion last year.
Not only did the league avoid any admission of wrongdoing, but the $765 million settlement — which even when attorney fees are included is barely one-third of the $3.1 billion the NFL will get this season just from its TV contracts –pays out over 20 years and also covers all 18,000 living retirees and not just the 4,500 who sued the league.
Many legal experts had predicted the NFL would be forced to settle for several billion dollars or risk losing at least that amount if the suit ever went to trial, but the lead attorney for the retired players said speedy conclusion was paramount.
“This [settlement] provides immediate compensation for severely injured retired players who need help today, not 10 years from now or 20 years from now,” said Christopher Seeger, lead attorney for the players. “It also avoids lengthy and risky litigation.”
The settlement calls for the NFL and NFL Properties to contribute $765 million toward medical benefits and injury compensation for the retired players, as well as fund medical and safety research and cover legal expenses.
Attorney fees will be paid in addition to the settlement amount, pushing the NFL’s final bill to around $1 billion. The league has agreed to set up a fund for future player payouts that will last at least 60 years and can never have less than $50 million in it.
Additionally, the family of former players like Junior Seau and Dave Duerson who commit suicide and are found to have concussion-related brain damage are eligible for $1 million or more in compensation.
The mediator, former federal judge Layn Phillips, called the settlement “historic” and said it had been reached after nearly two months of intensive negotiations between the two sides.
Former Patriots fullback Kevin Turner, who has been diagnosed with Lou Gehrig’s Disease and was the lead plaintiff in the case, hailed the proposed settlement.
“The benefits in this agreement will make a difference not only for me and my family, but also for thousands of my football brothers who either need help today or may need help someday in the future,” Turner said.
Former Redskins quarterback Mark Rypien agreed, calling the settlement “a great day,” but other retired players and legal experts blasted the agreement.
Ex-Jets center Kevin Mawae, who was not part of the lawsuit, ripped the deal as “a big loss for players now and in the future” because it pays out over 20 years and
“The [retired] players needed to be willing to go all the way and not settle,” Mawae said.
Not surprisingly, the NFL was keeping a low profile in the wake of its big victory. The league refused comment aside from a statement by NFL lead attorney Jeffrey Pash that said the owners wanted to avoid a lengthy court case.
“We thought it was critical to get more help to players and families who deserve it rather than spend many years and millions of dollars on litigation,” Pash said in a statement released by the mediator.
New York City lawyer Michael Kaplen, who specializes in brain injury law, also said the NFL was getting off easy.
“It would appear that the NFL is continuing its practice of purchasing silence and covering up the truth,” Kaplen said. “ The net result will be more needless brain injuries to innocent children who look to the NFL as their god. This is an expensive band aid, but not a solution.”
bhubbuch@nypost.com