NFL predicts a dismissal of new CTE lawsuit
Former NFL defensive lineman Tracy Scroggins has sued the NFL under a variety of legal theories arising from the league’s alleged efforts to conceal the risks of head trauma arising from football. The NFL is confident that the lawsuit will fail, quickly.
“The complaint is barred by the concussion litigation settlement and we expect it to be dismissed,” NFL V.P. of communications Brian McCarthy said in a statement released to PFT. “Mr. Scroggins is a member of the settlement class and did not choose to opt out. He is eligible to pursue the benefits provided under the settlement agreement, but may not pursue any action in court, either on his own behalf or on behalf of other former players, more than 99 percent of whom have accepted the settlement.”
Scroggins possibly attempted to distinguish himself and other class members from the pending settlement by limiting it to players with a preliminary diagnosis of Chronic Traumatic Encephelopathy, given that the proposed settlement pays nothing to players who have CTE during their lifetimes and contains no such limitation.
The arguments made by Scroggins will become particularly relevant if the U.S. Court of Appeals for the Third Circuit refuses to approve the settlement of the massive, nationwide concussion class action. A group of former players have argued that the settlement doesn’t provide them with sufficient protection; if the Third Circuit agrees, the litigation will proceed, in a climate that increasingly seems to be more favorable to the interests of the players who are seeking justice.