In reaction to the NFL’s concussion settlement to compensate players diagnosed with brain injuries, the Brain Injury Association of America outlined “several concerning aspects” of the deal and wants to file an amicus brief to help the court assess the settlement’s fairness. The NFL’s narrow method of criteria for compensating players for concussions will leave many out, experts told a federal judge Tuesday. In particular, critics cite the use of a diagnostic tool used to measure the award called the Test of Premorbid Function, or TOPF. TOPF is designed to test the brain’s function by requiring the player to “exactly” pronounce a set of words. Strangely, those who perform higher on the test will receive a greater award. U.S. District Judge Anita Brody may consider such testimony in deciding the fate of an uncapped settlement for more than 20,000 retired players, representatives of deceased or incapacitated players, and close family members.
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