A few weeks ago, a federal judge in Chicago rejected a proposed settlement between a number of plaintiffs and the National College Athletic Association (NCAA). The claims against the NCAA were based on the alleged failure of the Association to adequately protect student athletes from head injuries such as concussions.
According to a recent article, the proposed settlement totaled $75 million, of which $70 million was designated to test current and former athletes in both contact and non-contact sports for head injuries, and another $5 million was set aside for further research on related issues. However, the judge rejected the proposed settlement because he was concerned that the agreed-upon figure was not adequate to cover the concerns of the parties.
The judge’s chief concern was that the proposed group covered “every athlete for all time,” and that the $70 million would not be sufficient for the medical monitoring portion of the settlement. He suggested either that the group of eligible athletes be redefined to a more “manageable” number, or that the portion of the settlement designated for medical monitoring increase.
The Potential Number of Covered Athletes
The class of actual plaintiffs in this case is not what the judge found to be excessive. Instead, the judge’s concern was in regard to the number of covered athletes under the terms of the settlement and the amount of money set aside for testing these athletes. According to the article, using the NCAA’s own figures, there were about 29,000 athletes who would require testing just between the years of 2004—2009.
Class Action Negligence Lawsuits
When a defendant’s actions cause harm to numerous people, a class action suit may arise. A class action lawsuit is one that is brought by a number of plaintiffs who all suffered a similar harm. In the context of a class action personal injury lawsuit, the plaintiffs must have all suffered similar injuries.
In order for a class to be “certified” as such, its members must petition the court seeking certification. The court will then review each of the plaintiffs’ cases and determine if they are all making similar claims against the defendant and if it is in the interest of judicial economy for the case to proceed as a class action lawsuit. If so, the court will likely certify the class, and the case will proceed as a class action.
Have You Been Injured in a Serious Accident?
If you or a loved one has recently been injured in any kind of serious accident in Maryland, you may be entitled to monetary compensation through a lawsuit. The dedicated attorneys at the Washington DC personal injury law firm of Lebowitz & Mzhen Personal Injury Lawyers have decades of combined experience bringing, litigating, and winning personal injury cases arising out of all kinds of accidents. To learn more about your rights, and to speak to a dedicated personal injury attorney about your potential case, call 410-654-3600 and set up a free initial consultation today.
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