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NFL CONCUSSION SETTLEMENT

In re: National Football League Players’ Concussion Injury


Litigation No. 2:12-md-02323 (E.D.Pa.) INSIGHTS
The Claims Administrator’s News Source for Settlement Class Members January 2019

2019 Inflation Adjustment


NFL ConCussion settleMent
EXPLANATION:
New
IN RE: NATIONAL FOOTBALL LEAGUE PLAYERS’ CONCUSSION INJURY LITIGATION
No. 2:12-md-02323 (E.D. Pa.)

This table shows the starting point for calculating the


Monetary Award for a Retired NFL Football Player (or his
Representative Claimant) based on this Qualifying Diagnosis
Age

Under 45

45

46

47

48
Monetary award Grid by aGe at tiMe of QualifyinG diaGnosis (as of 1/12/19)

ALS

$5,200,467

$5,027,117

$4,853,768

$4,680,420

$4,576,411
Death
w/CTE

$4,160,373

$3,883,015

$3,605,656

$3,328,299

$3,141,082
Parkinson’s

$3,640,327

$3,283,227

$2,926,129

$2,569,030

$2,450,460
Alzheimer’s

$3,640,327

$3,224,289

$2,808,252

$2,392,215

$2,246,602
Level 2

$3,120,280

$2,738,912

$2,357,544

$1,976,177

$1,830,564
Level 1.5

$1,560,140

$1,369,455

$1,178,772

$988,089

$915,282
Under Section 6.9 of the Settlement Agreement, in January of
each year the Special Masters may direct an inflation adjustment
and age at the time of that Qualifying Diagnosis. An actual 49 $4,472,401 $2,953,865 $2,331,889 $2,100,988 $1,684,951 $842,476

to the Monetary Award amounts, not to exceed 2.5%, based on


Monetary Award may be lower than the base amount shown
50 $4,368,392 $2,766,648 $2,213,319 $1,955,375 $1,539,338 $769,669
in the table because:
51 $4,264,383 $2,579,431 $2,094,748 $1,809,762 $1,393,725 $696,863
(1) Retired NFL Football Players with fewer than five Eligible
52 $4,160,373 $2,392,215 $1,976,177 $1,664,149 $1,248,112 $624,056
Seasons receive a reduction between 10% and 97.5%,
depending on their actual number of Eligible Seasons; 53 $4,056,364 $2,204,998 $1,851,366 $1,570,541 $1,196,107 $598,054

54 $3,952,355 $2,017,781 $1,726,555 $1,476,932 $1,144,103 $572,051


(2) Certain Retired NFL Football Players with a medically

consideration of the Consumer Price Index for Urban Consumers. The


diagnosed Stroke occurring before the Qualifying 55 $3,848,345 $1,830,564 $1,601,744 $1,383,324 $1,092,098 $546,049
Diagnosis receive a reduction of 75%; 56 $3,744,336 $1,643,347 $1,476,932 $1,289,716 $1,040,093 $520,047

57 $3,640,327 $1,456,131 $1,352,121 $1,196,107 $988,089 $494,045


(3) Certain Retired NFL Football Players with a medically
diagnosed Traumatic Brain Injury occurring before the 58 $3,536,317 $1,414,527 $1,289,716 $1,154,504 $911,122 $455,561
Qualifying Diagnosis receive a reduction of 75%; 59 $3,432,308 $1,372,923 $1,227,310 $1,112,900 $834,154 $417,078

(4) Certain Retired NFL Football Players who do not 60 $3,328,299 $1,331,319 $1,164,904 $1,071,296 $757,188 $378,594

Special Masters have approved a 1.9% upward adjustment, effective


participate in the Baseline Assessment Program receive 61 $3,224,289 $1,289,716 $1,102,499 $1,029,692 $680,221 $340,111
a reduction of 10%; 62 $3,120,280 $1,248,112 $1,040,093 $988,089 $603,254 $301,627

(5) Eligible Derivative Claimants collectively receive 1% of 63 $3,016,271 $1,202,348 $990,168 $919,443 $561,650 $280,825
the Monetary Award; 64 $2,912,261 $1,156,583 $940,245 $850,797 $520,047 $260,023

(6) Valid Liens will be paid out of the Monetary Award; and 65 $2,808,252 $1,110,820 $890,320 $782,150 $478,443 $239,221

66 $2,704,243 $1,065,056 $840,396 $713,504 $436,839 $218,420

as of January 12, 2019. Click here for a copy of the updated Monetary
(7) The Court has ordered that 5% of each Monetary Award
67 $2,600,233 $1,019,291 $790,471 $644,858 $395,235 $197,618
be set aside to facilitate the Settlement program and
related efforts of Class Counsel. 68 $2,444,219 $940,245 $731,185 $594,933 $359,872 $179,936

69 $2,288,205 $861,198 $671,900 $545,009 $324,509 $162,254


(See Sections 6.7(a)-(e), 11.3(c)-(h), and 21.1 of the
Amended Settlement Agreement) 70 $2,132,191 $782,150 $612,615 $495,084 $289,146 $144,573

71 $1,976,177 $703,103 $553,329 $445,160 $253,783 $126,891

Award Grid values. We also post the Monetary Award Grid on the
72 $1,820,163 $624,056 $494,045 $395,235 $218,420 $109,210

73 $1,664,149 $532,527 $425,398 $343,231 $191,377 $95,688


Under Section 6.9 of the Settlement Agreement, in January
74 $1,508,135 $441,000 $356,752 $291,226 $164,335 $82,167
of each year the Special Masters may direct an inflation
adjustment to the Monetary Award amounts, not to exceed 75 $1,352,121 $349,471 $288,106 $239,221 $137,292 $68,646
2.5%, based on consideration of the Consumer Price Index 76 $1,196,107 $257,944 $219,460 $187,217 $110,250 $55,125
for Urban Consumers. The amounts shown in this Grid 77 $1,040,093 $166,415 $150,814 $135,212 $83,207 $41,604
reflect the 1.9% upward adjustment directed by the Special

Reference Guides page of the Settlement Website.


78 $894,480 $143,533 $131,052 $118,571 $76,967 $38,484
Masters starting on January 12, 2019.
79 $748,867 $120,651 $111,290 $101,930 $70,727 $35,363

80+ $312,028 $52,005 $52,005 $52,005 $52,005 $26,003

If you did not receive payment by January 12, 2019, on a Notice of Monetary Award or Notice
of Derivative Claimant Award previously issued, we will calculate the 1.9% upward adjustment,
add it to your Award and pay you that new Award amount if and when your Award is paid. You do
not need to take any action to receive this additional amount. All Monetary Award Determination
Notices issued on or after January 12, 2019, will use the increased Monetary Award Grid values.

A Message from the Claims Administrator In this Issue

FEBRUARY
February 6, 2019 is the Claim 2019 Inflation Adjustment......................1

2019
6 Package submission DEADLINE
for pre-Effective Date diagnoses! 2018 Settlement Program
This means if you were examined by a doctor on or Highlights.............................................. 2
before February 6, 2017, and the doctor gave you a
Qualifying Diagnosis based on that exam, you must Claims for Supplemental
submit a Monetary Award claim for the diagnosis by Monetary Awards...................................3
February 6, 2019, if you wish to make a claim. Click
here to read a letter from Co-Lead Class Counsel
about this deadline. Records from the BAP
Administrator..........................................3
If you are subject to and miss the February 6,
2019 deadline, Section 8.3(a)(i) of the Settlement
Agreement says you cannot receive a Monetary Resolving Attorneys’ Liens
Award for the Qualifying Diagnosis unless you can Disputes.................................................4
show “substantial hardship.” Click here to read an
FAQ with more on this. Generally Consistent Order.................. 4
Orran Brown
Founding Partner BrownGreer PLC

Email: ClaimsAdministrator@NFLConcussionSettlement.com
Website: www.NFLConcussionSettlement.com | Phone: 1-855-887-3485

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INSIGHTS
The Claims Administrator’s News Source for Settlement Class Members January 2019

Now that 2019 is here, we want to


highlight some of what happened
last year in the Program.
Go to the Reports & Statistics page on the Settlement
Website to see total numbers since the Program opened.
But here are some highlights just on the period from
January to December 2018:

582 Retired NFL Football Players The BAP Administrator


1 and Representative Claimants 7 scheduled 5,273 new BAP exam
received Notices of Monetary appointments (some of which will
Award. take place in 2019).

$335,486,619 was paid to or We redesigned and added a


2 on behalf of 521 Players and 8 search feature to the Settlement
Representative Claimants. Website.

139 Derivative Claimants There were 127,096 unique visits


3 received Notices of Derivative 9 to the Settlement Website, coming
Claimant Award. from 100 countries and all 50 of
the United States.
$592,961 was paid to or on behalf
4 of 114 Derivative Claimants. We started issuing these monthly
10 “Insights” newsletters.
We handled 18,416
5 communications, including 5,747 We issued 7,021 notices to 3,902
emails and 12,669 calls made or 11 different persons.
received.
The Court and Special Masters
Players attended 5,333 BAP exam 12 issued 12 decisions and
6 appointments (some of which the designated them to be published
BAP Administrator had scheduled on the Settlement Website.
in 2017).

Email: ClaimsAdministrator@NFLConcussionSettlement.com
Website: www.NFLConcussionSettlement.com | Phone: 1-855-887-3485

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INSIGHTS
The Claims Administrator’s News Source for Settlement Class Members January 2019

Claims for Supplemental Monetary Awards

This month, we launched the process by


which Retired NFL Football Players (or their Create New Supplemental Claim
Representative Claimants) may submit claims
for Supplemental Monetary Awards. If you use an online portal with us and
were paid a Monetary Award, the Claim Package tab in your portal will have a
“Create New Supplemental Claim” button you can use to submit a Supplemental
Claim Package based on a new Qualifying Diagnosis received after the Qualifying
Diagnosis for which the Award was paid. We posted an Alert about this on the
Settlement Website (under “Documents,” click “Alerts”). We also put the necessary
forms in a new section titled “Supplemental Monetary Awards” on the Forms page.

Records from the BAP Administrator


In our August newsletter, we
reported that the BAP Administrator
uploads directly through a secure
online portal all medical records
related to Level 1.5 and Level
2 Neurocognitive Impairment
diagnoses (“Qualifying Diagnoses”)
made in the BAP. If you receive a
diagnosis of Level 1 Neurocognitive
Impairment (not a “Qualifying
Diagnosis”) or no diagnosis through the BAP, we
do not get records from the BAP Administrator.
Additionally, while the NFL Parties and Co-Lead Class Counsel receive
general statistical information about all BAP exams, the personal health
information or medical records from your BAP exam is not shared with
the NFL, its attorneys, or its consultants. Click here for an FAQ with more
details about what happens after a BAP exam.

Email: ClaimsAdministrator@NFLConcussionSettlement.com
Website: www.NFLConcussionSettlement.com | Phone: 1-855-887-3485

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INSIGHTS
The Claims Administrator’s News Source for Settlement Class Members January 2019

Resolving Attorneys’ Liens Disputes


On January 7, 2019, Magistrate Judge Strawbridge issued a Report and Recommendation
with these five factors to analyze a lawyer’s performance under a contingency fee contract
and resolve Attorneys’ Liens Disputes after a Settlement Class Member receives an Award:
(1) Reasonableness of the contingency fee contract
when it was signed;
(2) Reasonableness of the contract at the time the
lienholder seeks enforcement;
(3) Results obtained by the lawyer;
(4) Quality of representation; and
(5) How the work contributed to the Award.
Click here to read an Alert with more information about these five factors. The Court will
review the Report and Recommendation and issue a final decision accepting, rejecting, or
modifying its findings. If you were previously represented by a lawyer in this Program and
have questions about this as it relates to you and that lawyer, call or email us for help.

Generally Consistent Order


On January 9, 2019, the Court Order, the Court directed that medical judgment, the evaluation
entered an Order regarding we develop for its review and and evidence is “generally
Qualified MAF Physicians approval a clarification to the consistent” with the BAP criteria.
who deviate from the Baseline Rules Governing Qualified MAF We are working with the Court
Assessment Program (“BAP”) Physicians that will require and Special Masters on how
testing protocols and diagnostic Qualified MAF Physicians who best to implement this and will
criteria to make Level 1.5 deviate from the BAP criteria to announce any process or Rule
or Level 2 Neurocognitive provide a written description in changes in a future Alert.
Impairment diagnoses. In that their reports as to why, in their

You can send materials to us at one of these addresses:


U.S. Mail: Delivery (ex., FedEx, UPS):
NFL Concussion Settlement NFL Concussion Settlement If you call us at 1-855-887-3485 with
Claims Administrator c/o BrownGreer PLC questions about the BAP, select Option 2
P.O. Box 25369 250 Rocketts Way to speak to the BAP Administrator.
Richmond, VA 23260 Richmond, VA 23231

Email: ClaimsAdministrator@NFLConcussionSettlement.com
Website: www.NFLConcussionSettlement.com | Phone: 1-855-887-3485

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