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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. |
The NFL had previously made a legal settlement regarding the brain injury inflicted on players as a result of repeated impacts to the head inherent to tackle football. Part of this settlement was an assessment of players to determine how much damage was done, largely by measuring cognitive decline, and disbursing payments.
The evaluation board was working under the explicit assumption that black players were inherently dumber, therefore had to show a greater cognitive decline standard than white players to receive payment.
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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. |
https://www.alabseries.com/episodes/episode-21-baked-in
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