Weeks ago, the NCAA settled a class-action lawsuit regarding their responses and handling of concussion issues in contact sports. Basically, the NCAA agreed to set up a $70 million fund to test thousands of current and former athletes for brain trauma, in addition to funding $5 million more in research.
This settlement was a great 'public relations' move for the NCAA, as it made it seem like they were willing to work with plaintiffs to better the experiences of student-athletes. Some underlining agreements and provisions could actually harm athletes that do suffer brain trauma.
What does it cover?
Yes, this $70 million will fund thousands of tests for student-athletes that have concern over their brain health. What it doesn't fund is treatment.
It is important to know that you have an injury, but if you cannot fund the treatment of the injury, than what does this diagnosis do for you? Until the majority of schools fund medical insurance for sport-related injuries, the student athletes are still losing out.
What doesn't it cover?
Another provision that makes a difference is that, with this settlement, players will no longer be able to bring a class-action lawsuit against the NCAA for damages related to brain trauma and concussions. Current and former athletes will be able to sue the NCAA as individuals, but not as a large group. This provision benefits the NCAA as the majority of those that would want to sue the NCAA do not have the money to fund a lawyer to do so. In addition, a singular lawsuit will not lead to enough remuneration in damages to really make a big difference.
Anthony Nichols, a former football player from San Diego State, has retained a lawyer to ask a federal judge to reject this settlement on the grounds that it "unfairly forces athletes who suffered head injuries to forfeit hundreds of millions of dollars in potential damages" according to ESPN. It will be interesting to see if other players follow this same mindset. As soon as you realize that you cannot benefit in terms of damages from any injuries that they receive following this settlement, they will probably run for the bench and try to fix a few of these exemptions.
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