A federal judge granted preliminary approval Tuesday to an amended head-injury settlement, that includes a $70 million fund to test for brain trauma, between the NCAA and a group of college athletes who sued the association for its handling of concussions.
U.S. District Judge John Lee praised the re-worked settlement for expanding potential plaintiffs to athletes from sports beyond contact sports. Most notable among the several changes he made was a modification of what would have been a blanket protection for the NCAA from class-action lawsuits over concussions, according to Fox News.
The plaintiffs' attorney, Steve Berman, said he has "no issues" with the judge's new terms, and when asked how susceptible he thinks the settlement would make individual universities to class-action claims, he said: "I don't see a big risk. There just aren't scores of concussed kids that would make up a class at each school."
Jay Edelson, a Chicago attorney who intervened in the case, said he will start filing lawsuits against schools within the next couple weeks, according to CBS Sports
"We think there's nothing stopping them now," Edelson said. "It's going to be the large schools that have had systematic issues. It's not going to be a surprise who they are when we first start filing."
The NCAA has denied understating the dangers of concussions and admits no wrongdoing in the settlement. Its chief legal officer, Donald Remy, issued a statement after the ruling that didn't indicate whether the organization is concerned about any changes made from Lee, according to Reuters.
"While we are pleased the court has provided a preliminary pathway to provide significant resources for the medical monitoring of student-athletes who may suffer concussion, we are still examining the conditions placed on preliminary approval," said Remy.
According to court documents, more than 460,000 NCAA student athletes compete in 23 sports, generating a revenue of about $750 million a year.
The plaintiffs cited NCAA figures that said from 2004 to 2009 alone, 29,225 athletes suffered concussions, noting that tens of thousands could still require testing. On Tuesday, Lee also ordered the plaintiffs' attorney to begin the process of notifying those who could qualify for settlement benefits, according to Fox News.
