(Bloomberg) — The National Football League's $765 million settlement over concussions came up short a second time as a federal judge said she wants more changes before she'll approve it.
U.S. District Judge Anita Brody in Philadelphia said the NFL should expand payment for some claims by about 5,000 players who sued the league seeking damages for head injuries.
Brody was swayed by the objections of dozens of former players and their families who said the deal wasn't good enough, especially for those with symptoms of chronic traumatic encephalopathy, or CTE, a brain disease diagnosed only after death.
The changes "would enhance the fairness, reasonableness, and adequacy" of the proposed settlement, Brody said in a three-page order.
Brody asked lawyers for the league and players to address the issues before Feb. 13 or explain why they're unwilling to agree to the amendments.
"The judge did not reject the settlement," Brian McCarthy, an NFL spokesman, said in an e-mail. "The judge asked both sides to address several issues before she grants final approval."
Brody rejected an early version of the settlement in January 2014, citing concerns that a $675 million compensation fund may be insufficient to cover the class for the life of the accord's 65-year-term.
In June, the NFL agreed to lift the cap on cash awards while tightening restrictions for audits of payments and damage award appeals. Medical monitoring and educational programs would bring the total value of the settlement to $765 million. The league estimates it will have to pay no more than $900 million.
The case is In re National Football Players' Concussion Injury Litigation, 12-md-02323, U.S. District Court, Eastern District of Pennsylvania (Philadelphia).
–With assistance from Sophia Pearson in federal court in Philadelphia, Margaret Cronin Fisk in Detroit and Tom Korosec in Fort Worth, Texas.
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