The NFL faced legal scrutiny in 2021 over its concussion settlement, particularly regarding race-based dementia testing practices.
A proposed deal filed in federal court at the time outlines the league’s agreement to discontinue race-based adjustments in dementia testing, following criticism that it unfairly affected Black retirees seeking compensation under the $1 billion concussion claims settlement.
The proposed revisions come after public outrage surrounding the use of “race-norming,” a controversial practice revealed in a 2019 civil rights lawsuit by two former NFL players.
Critics argue that race-norming has prevented many Black players suffering from dementia from qualifying for awards averaging $500,000 or more.
Under the proposed deal, Black retirees will have the opportunity to rescore their tests or undergo new cognitive testing.
The agreement signaled a significant change in the NFL’s approach to evaluating dementia claims.
This agreement follows extensive negotiations between the NFL, class counsel for retired players, and lawyers representing Black players who challenged the practice.
With a majority of NFL players being Black, the changes are anticipated to have a substantial impact.
Despite over $821 million paid out by the concussion fund for various brain injuries, concerns persisted over disparities in payouts, with allegations that white retirees qualify for awards at higher rates than Black retirees.
The use of race-norming in dementia testing has drawn criticism as outdated and unsuitable for determining payouts. The NFL previously ceased the practice amid public scrutiny.
The deal is seen as a step toward addressing fairness and transparency concerns within the concussion settlement. However, for many NFL retirees and their families, the quest for justice continues amidst the complex legal process.
Advocates like Ken Jenkins emphasized the importance of ensuring that the new process eliminates race-norming and allows more retirees to qualify for benefits.
Now hundreds of Black NFL retirees denied payouts in the concussion settlement now qualify for awards after their tests were rescored to eliminate racial bias.
Changes to the settlement made in 2021 make the tests race-blind.
The use of “race norming” in the dementia testing made it more difficult for Blacks to prove they had the kind of cognitive decline that qualifies retired players for awards that average $500,000 or more.
Nearly 650 men have had their dementia tests automatically rescored, according to a report released Friday by the law firm handling claims against the NFL. The retirees had met the other criteria for a successful claim, which includes hours of validity testing to show that their daily lives are significantly impaired and that they are not malingering.
Fifty-one now qualify for moderate to advanced dementia awards, which vary based on condition and years of play. Nearly 250 show signs of early dementia and will received up to $35,000 in enhanced medical testing and treatment. All of them initially failed to qualify because of the race-norming issues in testing.
The new test results will add millions to the NFL’s total payouts.
Thousands of other Black retirees can meanwhile seek new testing to see whether they qualify under the revised scoring formula. But advocates for the former players fear that many don’t know that, especially if they deal with memory issues and live alone.
