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The NFL and attorneys representing current and former NFL players who filed personal injury lawsuits agreed to a new settlement that removes a limit on the total amount of money that might eventually be paid out to former players.

Months ago, the two sides announced a $765 million tentative personal injury settlement that included a $675 million fund for ex-players. In June, the judge presiding over the class action refused to approve the personal injury settlement because she wanted more assurance that the deal was sufficiently funded.

After the initial rejection by the judge, both sides expressed confidence that the deal could be tweaked to address the judge’s concerns. The lawyers for both sides resumed talks and an uncapped deal was eventually reached. The uncapped deal is the second such class action settlement to receive publicity lately. The BP Oil Spill settlement was also an uncapped agreement. BP has recently taken the unprecedented step of appealing a class action settlement it agreed to in writing.

Based upon a “qualifying diagnosis” by doctors agreed to by both sides, under the terms of the personal injury settlement, the NFL would pay up to $5 million for a player diagnosed with ALS and up to $3.5 million for Parkinson’s and Alzheimer’s disease. Per the terms of the personal injury settlement, the NFL would pay up to $4 million to the families of players diagnosed after death with chronic traumatic encephalopathy (CTE).

Beyond monetary awards, the personal injury settlement would provide those with moderate cognitive impairment for NFL funded baseline neurological and neuropsychological examinations, further testing, counseling, and treatment. The settlement would apply to all former players who are retired at the time the judge grants preliminary approval.

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