NFL Concussion MDL: Uncapped Settlement Surpassing $1 Billion for Retired Players
After trial: (initial); uncapped, exceeded $1 billion.
Won by Podhurst Orseck PA.
Steven Marks and Ricardo Martinez-Cid of Podhurst Orseck served on the NFL Concussion Litigation Plaintiffs' Executive Committee, helping negotiate an uncapped settlement projected to exceed $1 billion for more than 20,000 retired players suffering traumatic brain injuries.
What happened
For decades, the NFL told players, coaches, and the public that the repeated head trauma of professional football carried no proven link to long-term brain disease. Former players and their families knew differently. By 2011, hundreds of lawsuits had been filed by retired players who described mounting symptoms: memory loss, depression, dementia, and in the worst cases, diagnoses of chronic traumatic encephalopathy confirmed only after death.
The cases were consolidated into a Multi-District Litigation before U.S. District Judge Anita B. Brody in the Eastern District of Pennsylvania. Steven Marks and Ricardo Martinez-Cid of Podhurst Orseck were appointed to the Plaintiffs' Executive Committee, placing them among the lead attorneys coordinating strategy across hundreds of individual claims. The committee faced a league with vast resources, an army of defense lawyers, and an institutional interest in disputing causation.
The core allegation was that the NFL had long concealed what its own medical advisors and internal studies showed about the cumulative neurological effects of play. Plaintiffs argued the league owed its workforce a duty of care it had systematically ignored. Proving that suppression, across decades of games and players, was the central evidentiary challenge of the litigation.
In 2013, the parties reached a preliminary agreement valued at $765 million. Objectors argued the cap was too low given the scale of expected claims, and Judge Brody agreed, ultimately requiring the NFL to remove the damages cap entirely before she would grant preliminary approval. With the cap lifted, the settlement became uncapped: the NFL was obligated to pay every eligible claimant who qualified, regardless of total cost. Analysts projected the uncapped structure would push total payments well past $1 billion over the 65-year life of the fund.
Judge Brody gave final approval on April 22, 2015. The settlement covered more than 20,000 former players and their families. Awards ranged up to $5 million for Lou Gehrig's disease diagnosed in younger retirees, up to $4 million for families of players who died with CTE, and up to $3 million for severe dementia. A separate $75 million fund covered baseline medical evaluations for living retirees, and $10 million was directed to concussion research and education. The NFL admitted no wrongdoing.
The Third Circuit upheld the settlement in 2016, rejecting appeals filed by a small group of objectors. As of the article's publication in early 2017, the fund had begun processing claims, with individual payments to qualifying players underway. The litigation also prompted rule changes at every level of football, from the NFL down to youth leagues, around concussion protocols and return-to-play standards.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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