Former NFL players can sue league over denial of disability advantages, judge rules

PHILADELPHIA (AP) – A lawsuit alleges the NFL’s disability plan breached its obligations to retired players by routinely denies valid injury claims can proceed to trial normally, a federal judge in Maryland has ruled.

lawsuit, submitted last 12 months, accuses officials overseeing this system of bad faith and flagrant violations of federal law. U.S. District Judge Julie R. Rubin said the lawsuit may very well be brought against the board but not against Commissioner Roger Goodell or the person trustees because they weren’t accused of misconduct.

Lawyers for 10 retired players who signed on to a possible class-action lawsuit called Wednesday’s announcement a “huge victory” for those affected by what they call “systemic injustice.”

“We look forward to continuing to shine a light on this betrayal by the NFL, holding the scheme fully accountable and fixing this broken system so players can move on,” attorneys Chris Seeger and Sam Katz said in an announcement Thursday.

The board consists of six voting members, with Goodell serving as non-voting chairman. An NFL spokesman didn’t immediately reply to a message in search of comment.

Seeger is not any stranger to battles with the league – he has also represented players in concussion cases that led to settlements value over $1 billion in payouts.

NFL officials said last 12 months they expected annual payouts under the disability plan to succeed in $330 million.

The program grew out of a 2011 collective bargaining agreement between players and the union and was hailed as a solution to help sick former players. A successful claim could end in a payout of $65,000 to $265,000, but plaintiffs’ lawyers say few retirees see the highest dollar.

Former players say they were denied advantages although their time within the league left them with lingering physical or cognitive injuries that make their lives difficult and sometimes tearing them apart.

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The lawsuit also alleges that doctors who examine players usually tend to receive re-referrals through this system in the event that they deny claims. According to lawyers, the neuropsychologist, who earned greater than $800,000, examined 29 former players and in each case denied their claims.

The judge ruled that the lawsuit can now be resolved once each side exchange evidence. She said the plaintiffs persuasively alleged that the board disregarded the plan’s stated objectives, failed to contemplate all evidence when evaluating claims and failed to supply reasoned decisions.

Among the plaintiffs is Willis McGahee, a first-round draft pick in 2003 who spent 11 seasons within the NFL. McGahee said he had undergone a dozen surgeries for injuries he suffered as a runner, was in a somber mood and didn’t wish to play along with his young sons, but his claim was denied.

Another reason is Eric Smith, a longtime New York Jets defenseman. Football-related brain injuries still cause loss of consciousness and episodes of violence, he said.

“There were times when I blacked out and woke up… I was bleeding, there were holes in the wall. My wife and kids are crying,” Smith said during a video conference last 12 months. “I went down a dark path.”

Mike McKenzie said he was denied disability advantages although he needed to spend days in dark rooms with headaches and was in constant pain from head injuries he suffered during 11 years with the Green Bay Packers and New Orleans Saints.

The other former players who’ve come forward as plaintiffs are Jason Alford, Daniel Loper, Jamize Olaware, Alex Parsons, Charles Sims, Joey Thomas and Lance Zeno.