Are You Eligible? Understanding the NCAA Concussion Settlement and Your Rights

Did you play an NCAA-sanctioned sport? Were you ever concerned about head injuries sustained during your time as a student-athlete? If so, you might be eligible for benefits under the NCAA concussion settlement. It’s crucial to understand your rights and the provisions of this agreement.

The Story Behind the Settlement

The NCAA concussion settlement stems from a class-action lawsuit, In re National Collegiate Athletic Association Student-Athlete Concussion Litigation, filed by former college athletes against the National Collegiate Athletic Association (NCAA). These athletes alleged that the NCAA failed to adequately protect them from the risks of concussions and subconcussive hits, which can lead to long-term brain injuries. The plaintiffs argued that the NCAA was negligent in its duty to protect student-athletes by not implementing appropriate concussion management protocols and return-to-play guidelines.

The NCAA, while denying any wrongdoing, agreed to a settlement to avoid the costs and uncertainties of ongoing litigation. The settlement was initially approved in 2016, with final approval granted on August 13, 2019, and became effective on November 18, 2019.

Who is Eligible?

You may be eligible for benefits under the NCAA concussion settlement if you meet the following criteria:

You played an NCAA-sanctioned sport.
You participated at an NCAA member institution.
Your participation occurred on or before July 15, 2016.
You did not opt out of the settlement.

It’s important to note that you do not need to have been formally diagnosed with a concussion to be a member of the settlement class. Even if you experienced symptoms of a concussion, such as headaches, dizziness, confusion, or memory problems, without an official diagnosis, you may still be eligible.

What Benefits are Available?

The NCAA concussion settlement primarily provides for a 50-year medical monitoring program for eligible former student-athletes. This program, which commenced on February 18, 2020, and extends until November 18, 2069, offers medical screenings to detect potential long-term effects of concussions and repetitive head trauma.

The medical monitoring program aims to identify:

Post-concussion symptoms
Cognitive problems
Mood disorders
Behavioral issues
Motor problems

These issues may be associated with neurodegenerative diseases that can arise later in life, such as Alzheimer’s disease and Chronic Traumatic Encephalopathy (CTE). CTE can only be definitively diagnosed after death.

Medical Evaluations: If you are a settlement class member, you can participate in the Medical Monitoring Program by completing a Screening Questionnaire. Your answers will determine if you qualify for an in-person Medical Evaluation. If you qualify, the NCAA will cover the costs of cognitive testing.

Understanding the Medical Monitoring Program

The Medical Monitoring Program is overseen by a Medical Science Committee comprised of medical experts in concussion diagnosis, care, management, and neurodegenerative diseases. The program involves a screening questionnaire to determine eligibility for in-person medical evaluations. Those who qualify for an in-person evaluation will undergo assessments designed to identify potential long-term effects of concussions.

Changes to NCAA Concussion Management

Beyond the medical monitoring program, the NCAA concussion settlement has led to significant changes in the NCAA’s approach to concussion management. These changes include:

Baseline Testing: Preseason baseline testing for every athlete for each season in which he or she competes.
Return-to-Play Guidelines: An athlete diagnosed with a concussion cannot return to play or participate in any practice or game on the same day the concussion occurred.
Medical Clearance: Any athlete diagnosed with a concussion must be cleared by a physician before returning to play.
Medical Personnel at Practices and Games: NCAA member institutions shall ensure that medical personnel with training in the diagnosis, treatment and management of concussions are available at all contact sports practices and games for Divisions I, II and III.

The NCAA has also agreed to provide member institutions with educational materials for faculty regarding academic accommodations for student-athletes who have sustained concussions. Member institutions are required to provide NCAA-approved concussion education and training to student-athletes, coaches, and athletic trainers before every season for the duration of the Medical Monitoring Program. The NCAA has committed $5 million to research the prevention, treatment, and effects of concussions.

What the Settlement Doesn’t Cover

It’s important to understand the limitations of the NCAA concussion settlement. While it provides medical monitoring and establishes new concussion management protocols, it does not provide individual injury settlements. The settlement primarily focuses on early detection and prevention rather than compensating athletes for past injuries.

The settlement forecloses future class action lawsuits but former college athletes still have the ability to personally take legal actions against the NCAA or their school.

Legal Options and Individual Lawsuits

The NCAA settlement does not prevent individuals from pursuing separate lawsuits against the NCAA or their respective institutions for concussion-related injuries. These lawsuits typically allege negligence, failure to warn, or inadequate medical care. To pursue such a claim, you generally need to demonstrate that:

You suffered a concussion or head injury while playing an NCAA sport.
The NCAA or your institution was negligent in protecting you from head injuries.
Your injuries have resulted in long-term damages, such as cognitive impairment, emotional problems, or neurodegenerative disease.

Statute of Limitations

Each state has its own statute of limitations for personal injury claims, which sets a deadline for filing a lawsuit. It’s crucial to consult with an attorney as soon as possible to determine the applicable statute of limitations in your jurisdiction and ensure that your claim is filed within the deadline.

Seeking Legal Advice

If you believe you are eligible for benefits under the NCAA concussion settlement or are considering pursuing an individual lawsuit, it’s essential to seek legal advice from an experienced attorney. A lawyer can help you understand your rights, evaluate your options, and navigate the complex legal process.

Do you have questions about your eligibility for the NCAA concussion settlement or your legal rights as a former NCAA athlete? Contact our firm today for a consultation. We can help you understand your options and protect your future.