Dec. 18--A federal judge has denied a proposed class action settlement between the NCAA and former college athletes who claim to have suffered long-term harm from concussions, saying he was concerned about the fairness of the agreement.
U.S. District Judge John Lee in Chicago wrote in an opinion released Wednesday that the centerpiece of the deal -- a $70 million, NCAA-funded program of medical evaluations for former athletes -- might be insufficient to help everyone who suffered a concussion playing college sports. Another $5 million would have been set aside for research into sports-related concussions.
He noted that statistics used to arrive at the $70 million figure did not include athletes in non-contact sports such as baseball or water polo, who might also be prone to head injuries.
"This gives rise to a concern that the estimated participation rates calculated by (an expert witness) are not entirely reliable, and that the $70 million fund would be insufficient to fully fund the Program," Lee wrote.
He also expressed reservations about the NCAA's ability to notify all former athletes who would be eligible for the medical evaluations, and about the logistics of how the testing program would work. He said both sides should continue to work on a new deal.
Joe Siprut -- attorney for lead plaintiff Adrian Arrington, a former Eastern Illinois football player -- said he was studying the judge's order and was optimistic that an agreement could still be worked out.
A spokeswoman for the NCAA said the organization was still reviewing the decision.
jkeilman@tribune.com
Twitter @JohnKeilman
