Former Dolphins Quarterback Withdraws Name from NFL Concussion Litigation
The former quarterback for the Miami Dolphins, Dan Marino, stated on Thursday, June 5th, that he would withdraw his name from the list of those filing lawsuits against the NFL for concussions and other medical issues related to lax regulations during their tenure as football players.
The 52-year-old retired football star, considered one of the greatest quarterbacks in history, said he did not realize his name had been attached to the NFL concussion litigation.
“Within the last year I authorized a claim to be filed on my behalf just in case I needed future medical coverage to protect me and my family in the event I later suffered from the effects of head trauma,” the former Miami Dolphins star wrote in a statement published in the Sun Sentinel and on Sports Illustrated’s website.
“I have made the decision it is not necessary for me to be part of any claims or this lawsuit and therefore I am withdrawing as a plaintiff effective immediately … I am sympathetic to other players who are seeking relief who may have suffered head injuries. I also disclaim any references in the form complaint of current head injuries,” he said.
In his filing, Marino stated that he suffered from “repetitive, traumatic sub-concussive and/or concussive head impacts.” However, Marino said that he only had two concussions during his 17 seasons as quarterback.
NFL Concussion Lawsuits Still Seek Settlement
Last August, the NFL offered 4,500 plaintiffs in the NFL concussion lawsuit a settlement of $765 million. However, after reviewing the details, the federal judge overseeing the NFL concussion litigation denied the settlement offer, despite both former players and defendants agreeing to the amount.
US District Judge Anita B. Brody rejected the proposed settlement, because both the National Football League and the plaintiffs failed to provide evidence that the sum was enough to cover medical expenses for all affected retired players – a number which could reach 20,000 claimants.
“In light of my duty to protect the rights of all potential class members and the insufficiency of the current record, I will deny the Motion without prejudice,” Brody wrote in her 14-page opinion, filed in U.S. District Court for the Eastern District of Pennsylvania.
“In the absence of additional supporting evidence,” she wrote, “I have concerns about the fairness, reasonableness and adequacy of the settlement.”
“Even if only 10 percent of retired NFL football players eventually receive a qualifying diagnosis, it is difficult to see how the monetary award fund would have the funds available over its lifespan to pay all claimants at these significant award levels,” the decision said.
The original settlement proposal set aside $5 million for each former player whose history of concussions led to a specific brain trauma diagnosis. That number was based on the potential 20,000 retired professional football players who could receive that diagnosis. There were 4,500 plaintiffs in the lawsuit, alleging that the NFL did not take proper precautions to prevent or treat concussions or traumatic brain injury, resulting in long-term disability and medical expenses for retired players.
The Strom Law Firm Can Help with Concussion Personal Injury Claims
The Concussion Lawyers at the Strom Law Firm are currently accepting cases involving brain damage and concussions for former football players, whether high school, college, or professional level. Call today for a free consultation. 803.252.4800