Judge Brody’s issues, though, didn’t end there.
She questioned the financial viability of the baseline assessment program, funded with up to $75 million. That’s supposed to include neuropsychological and neurological testing, plus follow-up testing and treatment if eligible retired players are diagnosed with moderate neurological impairment.
The judge also expressed concern over a little-noticed caveat buried in the agreement that bars retired players who receive monetary awards from suing the NCAA or any amateur football organizations over issues arising from cognitive impairment. The NCAA, while the target of several concussion-related lawsuits, isn’t party to the NFL litigation.