A federal judge in Maryland recently ruled that a lawsuit accusing the NFL’s disability plan of violating its duty to retired players can proceed to trial on most counts. This lawsuit, filed by ten retired players last year, alleges that the officials overseeing the program have been denying valid injury claims in bad faith, leading to flagrant violations of federal law. The ruling marked a significant win for the retired players who have been subject to what they deem as systemic injustice within the NFL disability plan.
While the lawsuit can move forward against the board, it does not extend to Commissioner Roger Goodell or individual trustees, as they were not directly implicated in any wrongdoing. This distinction was made by U.S. District Judge Julie R. Rubin, who emphasized that the lawsuit has merit in challenging the board’s decisions and actions. The lawyers representing the retired players, Chris Seeger and Sam Katz, expressed their satisfaction with the ruling, highlighting the importance of holding the NFL disability plan accountable for its shortcomings.
The disability plan, which stemmed from the 2011 collective bargaining agreement between players and the union, was intended to assist former NFL players dealing with physical and cognitive injuries. However, the lawsuit alleges that the program has fallen short of its objectives, leaving many retirees struggling to receive the benefits they deserve. Despite the potential of significant payouts ranging from $65,000 to $265,000 for successful claims, few retired players have reportedly received the full amount due to challenges in the evaluation process.
One of the alarming revelations in the lawsuit pertains to the doctors responsible for examining the players and determining their eligibility for benefits. It has been alleged that some doctors are more likely to deny claims in order to receive repeat referrals from the program, highlighting a potential conflict of interest. For instance, one neuropsychologist who examined 29 former players reportedly denied all their claims, raising suspicions about the integrity of the evaluation process.
Several retired players, including Willis McGahee, Eric Smith, and Mike McKenzie, shared their experiences of being denied disability payments despite suffering from debilitating injuries incurred during their NFL careers. McGahee, a former running back, revealed that he underwent numerous surgeries and struggles with daily activities due to lingering physical and cognitive impairments. Similarly, Smith, a former safety, described experiencing blackouts and violent episodes as a result of brain injuries sustained while playing football. McKenzie recounted his constant pain and headaches, emphasizing the challenges he faces on a daily basis.
As the lawsuit progresses to the discovery phase, where both parties exchange evidence, the plaintiffs remain committed to seeking justice for themselves and other retirees affected by the NFL disability plan’s shortcomings. By challenging the board’s decisions and exposing the flaws in the evaluation process, these retired players aim to hold the program accountable and ensure fair treatment for all former NFL athletes moving forward.
The legal battle against the NFL disability plan sheds light on the challenges faced by retired players seeking support for injuries sustained during their football careers. The lawsuit represents a critical step towards addressing systemic injustices within the program and advocating for greater transparency and accountability in the evaluation of disability claims. It is essential for the NFL and other professional sports leagues to prioritize the well-being of their former athletes and uphold their responsibilities to provide adequate support and care for those in need.
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