In the legal profession, a five-letter “F” word carries far more weight than the popular four-letter one.
Robert Klemko of ESPN reports that five law firms representing 98 retired NFL players are accused of “scheming to defraud” the NFL’s concussion settlement fund. An audit by a pair of Special Masters pegged the losses at more than $87 million.
The audit concludes that the firms worked with specific doctors to make invalid diagnoses of Parkinson’s disease.
The findings were made public on Monday, in a 51-page written decision.
The NFL, through a spokesperson, said it was “pleased” by the decision. The concussion settlement fund ultimately was uncapped, in order to secure court approval. Any fraud against the fund amounts to direct fraud on the NFL.
The audit recommends the denial of pending claims for retired players filed by the five law firms or evaluated by eight specific doctors.
“The remedies that the Special Masters imposed are provided for by the Settlement Agreement and were necessary given the scope of misconduct uncovered by the Claims Administrator’s investigation,” the league said. “We are hopeful that this decision will deter future misconduct.”
The settlement fund has generated more than one prior controversy. In 2021, the NFL promised to end the practice of “race-norming,” which made it harder for Black players to prove cognitive decline in an effort to secure benefits. Also in 2021, a Florida law firm was deemed to have influenced doctors and forged medical records.
The settlement pays benefits based on specific diagnoses, without requiring proof that the conditions resulted from playing football at the NFL level.
No criminal charges have been filed. However, the Special Masters have the power to refer their findings to the relevant federal authorities.
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