The parties in the Medical Monitoring MDL eventually reached another proposed settlement agreement (the “Second Proposed Settlement”).
The Second Proposed Settlement incorporated the $70 million medical monitoring program and the $5 million concussion research deals that were reached in the First Proposed Settlement, but made, among others, the following changes: (i) the definition of the settlement class in the First Proposed Settlement was changed from “[a]ll current or former student-athletes who played an NCAA-sanctioned sport . . .” to “[a]ll Persons who played an NCAA-sanctioned sport . . .”; (ii) changes were made to the timeline for screening, and added additional screening deadlines; and (ii) added twenty-three (23) additional locations for medical evaluations.
On January 26, 2016, the court issued a memorandum opinion which stated that it preliminarily certified the settlement agreement, subject to a number of modifications. The court explained that the parties must: (i) create subclasses for non-contact sports; (ii) make changes to the extent of notice to the settlement class and subclasses; (iii) delete of provisions allowing subrogation and reimbursement of program costs; (iv) allow for the direct payment of certain Settlement Class Members’ Medical Evaluation costs; (v) include provisions relating to the end of the medical monitoring program; (vi) make changes relating to NCAA’s contribution of $5 million toward concussion research; (vii) make changes relating to the settlement’s publicity campaign; (viii) expressly allow the court to request reports regarding the status of the medical monitoring program; (ix) exclude class counsel from waiver of future claims; and (x) limit the scope of the class’s release of class-wide personal injury claims to those instances where the plaintiffs or claimants seek a nationwide class or where the proposed class consists of student-athletes from more than one NCAA affiliated school.
Stay tuned for more upcoming blogs about the progression of the litigation against the NCAA. To learn more about Circelli, Walter & Young, PLLC, please visit http://www.cwylaw.com/.