Judge questions $75M NCAA concussion settlement

CHICAGO – The federal judge overseeing a first-of-its-kind head injury settlement with the NCAA expressed serious concerns Thursday about some terms and the vast scope of the $75 million deal that encompasses all college athletes going back decades.

Facing NCAA and plaintiffs’ attorneys who crafted the deal, U.S. District Judge John Lee wondered why sports such as rifle teams, golf and swimming would be covered by the proposed agreement along with football, hockey, soccer and other contact sports.

“I’m going to assume there aren’t a lot of risks of concussions in rifling,” Lee said during a hearing on a motion to give the deal preliminary approval.

“The settlement, as it’s constituted, includes every athlete for all time,” he added.

After questioning lawyers for 2 1/2 hours, Lee adjourned without saying when he might rule. He could give the preliminary thumbs up while ordering sweeping changes to the settlement as a condition of final approval.

Under the settlement, the NCAA would toughen return-to-play rules for players who receive head blows. It creates a $70 million fund to test thousands of current and former athletes for brain trauma, and it sets aside $5 million for research. The number of athletes who may require testing to learn if they suffered long-term damage runs into the tens of thousands, plaintiffs’ filings say. They cite NCAA figures that from 2004 to 2009 alone, 29,225 athletes suffered concussions.

Lee also questioned the most contentious provision of the settlement: Severely concussed athletes would forfeit all rights to sue the NCAA as a group for a single, blockbuster damages payout. They could still sue, but only as individuals.