Suit: The NFL operates a “sham” disability program for injured players

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Ten retired NFL players are accusing the league of lying, bad faith and flagrant violations of federal laws in denying disability benefits in a possible class-action lawsuit filed in Baltimore Thursday.

The men said they left the game with persistent physical or cognitive injuries that complicate, if not excruciating, their daily lives. They also said that they are not alone.

“They are a small fraction of the players who have been wronged by the NFL’s disability plan. These former players are making far more from a multibillion-dollar organization than a sham case with no chance of success,” said attorney Chris Seeger, who served separately as class counsel in the settlement of $1 billion NFL concussion claims.

The new lawsuit, filed in federal court in Baltimore, names both NFL Commissioner Roger Goodell and the NFL’s Disability Board as defendants. The suit comes as league officials gather in Phoenix on Sunday for the Super Bowl.

The NFL did not immediately respond to a request for comment, nor did the NFL Players Association.

Willis McGahee, a 2003 first-round pick who spent 11 seasons in the NFL, said he’s had more than a dozen surgeries for football injuries and often needs help getting out of bed. he is 41

And Eric Smith, who spent seven seasons with the New York Jets, said he struggles playing with his young sons – and fears the dark vibes.

“There were times I passed out and woke up… and I’m bleeding, there are holes in the wall. My wife and kids are crying,” Smith, 39, said in a video conference call attended by McGahee and attorneys. “I have walked a dark path. If I ever hurt any of them, in one of those cases, it’s probably the end. I’m done.”

The lawsuit also alleges that the doctors who examine players for the league’s disability plan have a financial interest in denying the claims because it makes them more likely to receive future referrals from the program. A neuropsychologist who received more than $800,000 from the program examined a group of 29 former players and found none of them had disabilities, lawyers said.

Seeger, who has worked closely with NFL attorneys on the concussion case for a decade, said the latest lawsuit is aimed at having the disability plan “meet its overdue legal obligations to players, rather than continuing to seek accountability at every step and.” to evade kick”.

A successful claim can result in payments ranging from $65,000 to $265,000, but only 30 of the thousands filed so far have resulted in high honors, according to Sam Katz, one of several attorneys working with Seeger on the case.

The disability scheme grew out of the 2011 collective agreement between the players and the union and was hailed as a way to help sick ex-players. During the pandemic, Player complained about delays in reviewing their cases.

“I had a great run. My name was out there. But I feel like it’s time to step up (for other players),” said Smith, who noted he’d been knocked out twice in televised matches. “We deserve to be taken care of at the end of the day.”

The other former players who have joined the lawsuit are Jason Alford (three seasons), Daniel Loper (five seasons), Michael McKenzie (11 seasons), Jamize Olaware (eight seasons), Alex Parsons (one season), Charles Sims (four seasons), Joey Thomas (three seasons), and Lance Zeno (two seasons).

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Follow AP Legal Affairs writer Maryclaire Dale on Twitter at https://twitter.com/Maryclairedale

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AP NFL: https://apnews.com/hub/nfl and https://twitter.com/AP_NFL

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