Former New England Patriots linebacker Ted Johnson, one of the first to speak out regarding the NFL's failure to warn players about the potential health issues of repeated concussions, said Thursday he has opted out of the $765 million settlement of a class-action lawsuit against the league and described the settlement as a "complete and utter sham."
Johnson, who co-hosts an afternoon talk show on KILT (610 AM), joins the families of former NFL players Dave Duerson and Junior Seau, both of whom after committing suicide were found to suffer from a brain disorder known as chronic traumatic encephalopathy, as among the higher-profile plaintiffs to opt out of a settlement negotiated by attorneys and approved by a federal judge in Philadelphia.
Johnson suffered two concussions in a four-day period during August 2002 and suffered several additional concussions during his 10-year playing career. He was diagnosed as having mild cognitive impairment that his neurologist said was characteristic of early Alzheimer's disease and also suffered from depression and substance-abuse issues after he left the NFL that he believes stemmed from his effort to deal with the impairment.
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Plaintiffs had until this week to opt out of the settlement, and Johnson said his decision in part was a symbolic gesture against an "absolutely horrible settlement. … Basically, it's a complete and utter sham."
Johnson said that while the settlement will benefit former players or families of former players who suffer from ALS, dementia, Alzheimer's or Parkinson's disease, it does not benefit former players who suffer from what he described as behavioral changes associated with CTE, which currently can be diagnosed only after death.
By opting out of the settlement, Johnson reserves the right to file legal action on his own.