NFL Pledges to Halt ‘Race-Norming,’ Review Black Claims

The NFL on Wednesday pledged to halt the use of “race-norming” — which assumed Black players started out with lower cognitive function — in the $1 billion settlement of brain injury claims and review past scores for any potential race bias.

The practice made it harder for Black retirees to show a deficit and qualify for an award. The standards were created in the 1990s in hopes of offering more appropriate treatment to dementia patients, but critics faulted the way they were used to determine payouts in the NFL concussion case.

Wednesday’s announcement comes after a pair of Black players filed a civil rights lawsuit over the practice, medical experts raised concerns and a group of NFL families last month dropped 50,000 petitions at the federal courthouse in Philadelphia — where the lawsuit had been thrown out by the judge overseeing the settlement.

Senior U.S. District Judge Anita B. Brody later took the unusual step of asking for a report on the issue. Black retirees hope it will include a breakdown of the nearly $800 million in payouts so far by race. They fear the data will never come to light.

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“The replacement norms will be applied prospectively and retrospectively for those players who otherwise would have qualified for an award but for the application of race-based norms,” the NFL said in a statement issued Wednesday by spokesman Brian McCarthy.

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The NFL noted that the norms were developed in medicine “to stop bias in testing, not perpetrate it.” {snip}

However, the NFL appealed some claims filed by Black players if their scores were not adjusted for race.

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The binary race norms, when they are used in the testing, assumes that Black patients start with worse cognitive function than whites and other non-Blacks. That makes it harder for them to show a deficit and qualify for an award. Henry and Davenport, for instance, were denied awards but would have qualified had they been white, according to their lawsuit, which Brody dismissed in March, calling it an improper “collateral attack” on the settlement. They have appealed the ruling.

More than 2,000 NFL retirees have filed dementia claims, but fewer than 600 have received awards, according to the most recent report. More than half of all NFL retirees are Black, according to lawyers involved in the litigation.

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