Investigating Concussion Cost Management: Options for the NFL

摘要

Americans have recently been made aware of the link between playing football and suffering from long-term brain injuries. On February 6, 2017, retired National Football League (NFL) players became eligible to register with the NFL Concussion Settlement (the Settlement). The Settlement will compensate thousands of former players who suffer from long-term neurocognitive diseases. According to the terms of the Settlement, two groups of players will not receive compensation from the settlement: those who declined to participate in the Settlement and those who retired after July 7, 2014. These players were not members of the settlement class and, thus, will retain rights to sue the NFL for their injuries. In order to protect itself from thousands of potential lawsuits, the NFL must limit its liability through the use of a trust or by revising the existing exculpatory clause in the NFL contract. The trust is the more expensive but the safer option, and the contract revision is the less expensive but riskier option. This paper examines both options.