Page 4 - December 2020 Newsletter - Lawyers Edition
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setting of Alzheimer’s Disease. This brain              criteria. The Settlement Agreement states
                                                                                                                                   imaging, often called “Amyloid PET,” is meant           that the identification of a condition – for
                                                                                                                                   to assist clinicians in detecting whether               example, through a blood test, genetic
                                                                                                                                   Alzheimer’s Disease is the cause of cognitive           test, imaging technique, or otherwise – that

                                                                                                                                   impairment. However,                                                             has not yet resulted
                                                                                                                                   a positive amyloid                                                               in actual cognitive
                                                                                                                                   PET scan does not             There are 370 FAQs in 17 categories.               impairment and/or
                                                                                                                                   establish a diagnosis         These FAQs contain links to other                  actual neuromuscular
                                                                                                                                   of Alzheimer’s                tools and resource guides posted on                impairment
                                                                                                                                   Disease or any other          the Settlement Website. The FAQs                   experienced by
                                                                                                                                   cognitive disorder.           page is searchable, so you can quick-              the Retired NFL
                                                                                                                                                                 ly find information you are looking for.           Football Player
                                                                                                                                    The PET results and          Let us know if you have questions                  does not qualify as a
                                                                                                                                   Settlement criteria           about an FAQ or if there is a topic you            Qualifying Diagnosis.
                                                                                                                                   assess different              think we should cover in an FAQ.                   There must be an
                                                                                                                                   things; the amyloid                                                              actual manifestation
        Frequently Asked Questions                                                                                                 PET identifies the                                      of cognitive impairment and/or actual
                                                                                                                                   presence or absence of a pathological
                                                                                                                                   feature in the brain, while the Settlement              neuromuscular impairment.
        The FAQs (Frequently Asked Questions) section of the Settlement Website documents                                          criteria require an assessment of the NFL               Auxiliary tests for Parkinson’s disease may
        the rules and processes we follow in the Program. We add new FAQs and update existing                                      Player’s clinical condition. Therefore, a PET           include biomarker tests such as an alpha-
        FAQs as changes to our rules/processes occur. When we feel you need to know about                                          scan showing amyloid neuritic plaque in the             synuclein skin biopsy or Ioflupane (123I)
        a FAQ change immediately, we will notify you with an email alert. In our quarterly Status                                  brain may support an Alzheimer’s Disease                dopamine transporter (DaT) single photon

        Reports we file with the Court, we describe all new FAQs and changes to existing FAQs.                                     diagnosis but does not establish an actual              emission computed tomography (SPECT)
                                                                                                                                   manifestation of cognitive impairment, which            scan (DaT scan), or neurophysiological
        We updated FAQs 117 and 119 and created                 imaging technique (e.g., quantitative MRI),                        is required under the Settlement criteria.              studies of tremor. Although these auxiliary
        new FAQs 118 and 120 to clarify newer                   or otherwise – that has not yet resulted in                        As a general matter with respect to the                 tests alone are not sufficient to fulfill the
        and auxiliary testing for Alzheimer’s and               actual cognitive impairment and/or actual                          Qualifying Diagnoses, Class Counsel and                 Settlement criteria, their potential, non-
        Parkinson’s Disease, and how those tests                neuromuscular impairment experienced                               Counsel for the NFL Parties will address                mandatory use may influence the overall

        interact with the Settlement criteria:                  by the Retired NFL Football Player does                            possible advances in science to effectuate              certainty of a diagnosis of Parkinson’s
                                                                not qualify as a Qualifying Diagnosis. There                                                                               Disease. Biomarker tests may assist the
        118. Is a biomarker test (such as an                    must be an actual manifestation of cognitive                       the mutual intent that Players manifest                 diagnosing physician to determine whether
        amyloid PET, spinal fluid test) enough                  impairment and/or actual neuromuscular                             actual cognitive impairment and/or actual               a Retired Player’s signs or symptoms are
        to establish my Qualifying Diagnosis of                 impairment.                                                        neuromuscular impairment.                               related to Parkinson’s disease.

        Alzheimer’s Disease?                                                                                                       120. Are auxiliary tests, including
                                                                For example, a positron emission                                                                                           As a general matter with respect to the
        No, a biomarker test, by itself, is not sufficient      tomography (“PET”) scan is a nuclear                               biomarker tests, enough to establish                    Qualifying Diagnoses, Class Counsel and
        to establish a Qualifying Diagnosis of                  medicine imaging test that uses a radioactive                      my Qualifying Diagnosis of Parkinson’s                  Counsel for the NFL Parties will address
        Alzheimer’s Disease under the Settlement                molecule to show any abnormalities in bodily                       Disease?                                                possible advances in science to effectuate
        criteria. The Settlement Agreement states               function. Florbetapir, Flutemetamol, and                           No, auxiliary tests alone are not sufficient            the mutual intent that Players manifest

        that the identification of a condition – for            Florbetapen, have been approved by the                             to establish a Qualifying Diagnosis of                  actual cognitive impairment and/or actual
        example, through a blood test, genetic test,            FDA for PET imaging of β-amyloid in the                            Parkinson’s Disease under the Settlement                neuromuscular impairment.



        4    INSIGHTS  Lawyers Edition                 December 2020                                                                                                             December 2020                   INSIGHTS  Lawyers Edition   5
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