CHICAGO (AP) – A federal judge in Chicago gave preliminary approval Tuesday to a reworked head-injury settlement between thousands of former college athletes and the NCAA that includes a $70 million fund to test for brain trauma.
U.S. District Judge John Lee praised the new deal for expanding potential plaintiffs to athletes from sports beyond football, hockey and other contact sports. But he also suggested some changes before he can give final approval – including modifying what would have been a blanket protection for the NCAA from class-action lawsuits over concussions.
The core of the agreement remains largely the same. That includes the NCAA creating the fund to test current and former athletes for brain injuries they say they suffered while playing collegiate sports. The tests would gauge the extent of neurological injuries and could establish grounds for individual athletes seeking damages.
The NCAA is also required to toughen return-to-play rules after a concussion, and all athletes will take baseline neurological tests to start each year to help doctors determine the severity of any concussion during the season. A new, independent Medical Science Committee will oversee the medical testing.
“After considering the voluminous materials submitted by the parties, the Court now preliminarily certifies the settlement class … and finds that the amended settlement is within the range of possible approval,” Lee wrote in his 53-page ruling.