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Brain Injury Association of America Files Response in NFL Motion

13-Jan-2014

BIAA continues efforts to aid court in assessing fairness of proposed settlement

VIENNA, VA –The Brain Injury Association of America (BIAA) filed a response to the plaintiffs’ opposition to BIAA participating as amicus curiae (friend of the court) on the proposed settlement between the National Football League (NFL) and former players now before the United States District Court for the Eastern District of Pennsylvania.

BIAA filed the original motion on December 17, 2013. On December 31, 2013, attorneys representing the players filed an opposition to the motion, arguing that it was premature because the settlement terms were not yet public and that the court had already appointed a Special Master in the case to assist in “evaluating the financial aspects of the proposed settlement” due to the “financial complexities involved.”

In the response, BIAA noted that the terms of the settlement were made public on January 6, 2014, making the prematurity argument inapplicable. BIAA also noted that while the Special Master is well equipped to assist the court with assessing the complex financial arrangements in the settlement, BIAA’s deep understanding of the disease-causative and disease-accelerative nature of brain injury, as well as the episodic and long-term treatment and support needs of patients and family caregivers, will aid the court in evaluating questions of neuroscience and public health as they relate to the injury compensation and education funds.

BIAA also submitted curricula vitae of board members Brent Masel, M.D. (National Medical Director), Gregory O’Shanick, M.D. (National Medical Director Emeritus), and Mark Ashley, Sc.D. (Chairman Emeritus), brain injury experts who will participate in the review of the proposed settlement and in the drafting of BIAA’s amicus curiae brief if the court grants the motion.

“As the recognized voice of brain injury in the United States, BIAA wants to help the court assess the fairness of the settlement to make certain that players are sufficiently covered, that the compensation is adequate to meet their medical needs, that the standard of care being applied is appropriate, and that no one is being excluded because either side lacks medical expertise regarding the level of care necessary for treatment,” said Daniel Chamberlain, Chairman of the Board of Directors of BIAA. “We also have an interest in ensuring that adequate funding and planning is designated for research and education under the terms of the settlement,” he added.

Copies of documents relating to the motion can be found at http://www.biausa.org/NFLamicus.

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TheBrain Injury Association of America (BIAA) is the country’s oldest and largest nationwide brain injury advocacy organization. Our mission is to advance brain injury prevention, research, treatment, and education, and to improve the quality of life for all individuals impacted by brain injury. Through advocacy, we bring help, hope, and healing to millions of individuals living with brain injury, their families and the professionals who serve them.  


 
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