‘This Settlement is a Sell-Out,’ Claim Objectors
In a tour de force, the Sean Morey, et al. Objectors filed a lengthy Objection today. It can be found here. Included in the filing is a declaration from the foremost expert on clinical CTE. Neuropsychologist Dr. Robert Stern rips the proposed NFL Concussion Settlement – and backs it up with cold, hard facts. His recently filed declaration can be found here.
Here are some of the highlights.
I am confident that within the next five to ten years there will be highly accurate, clinically accepted, and FDA-approved methods to diagnose CTE during life.
Meanwhile, the proposed settlement eliminates awards for all future claims for CTE – living or dead.
Several key symptoms of CTE that are identified in the scientific and medical literature and in my clinical and research experience are not compensable.
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The Test Battery, set forth in Exhibit 2 of the Settlement, is not appropriate for evaluating whether retired professional football players have neurodegenerative diseases such as CTE or Alzheimer’s disease…The specific tests selected, and the length of the battery would not be consistent with that given by the large majority of neuropyschologists who specialize in neurodegenerative disease and who evaluate patients for Mild Cognitive Impairment and Alzheimer’s disease dementia.
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It is my scientific opinion, based on the medical and scientific literature and on my own clinical and research experience, that reliance on effort measures included in the Neuropsychological Test Battery would unfairly deprive at least some otherwise eligible person with measurable cognitive deficits of compensation.
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To be eligible for compensation under Neurocognitive Impairment Level 1.5 or 2.0, the Class Member would have to be so severely impaired in several areas of cognitive functioning that they would require assistance in many activities of daily living (in level 1.5) or be almost fully dependent on another person for most activities of daily living, such as bathing and toileting (for level 2.0).
The Objectors summarize,
This complex procedural framework is a transparent attempt to minimize the cost of the settlement to the NFL – a consideration of tremendous importance now that the Settlement is purportedly uncapped.