(CNN)A federal judge on Friday approved changes to the NFL’s concussion agreement with former players to end the use of racial norms and demographic estimates based on race for evaluating diagnostic tests.
Two years ago, two retired black players sued the NFL for allegedly discriminating against African-American players who made claims under the concussion arbitration program established after a final settlement in 2015.
The players, Najeh Davenport and Kevin Henry, said the NFL race corrected their neurological exams, preventing them from being compensated.
U.S. District Judge Anita Brody eventually dismissed the players’ lawsuit and ordered a mediator to address concerns about the use of racial corrections.
The New York Times reported in October that the league and players had reached an agreement to end the use of racial norms that assumed players screened for neurocognitive impairments started out with poorer cognitive functioning if they were black .
The changes to the concussion rule approved by Brody will allow Black-retired players who were denied payments because of dementia to reevaluate previous tests or make new claims, said an attorney for Davenport and Henry.
“We are very pleased that the court approved the settlement,” said attorney Cyril V. Smith. “This is a huge win for black NFL retirees. We believe thousands of black ex-players will benefit.”
CNN has reached out to the NFL for comment.
According to the NFL Settlement Program Summary Report released earlier this week, 2,078 of 3,322 cash awards were paid for early-to-moderate dementia (Stage 1.5 and 2 claims).
More than 920 applications in these categories were rejected for various reasons.
NFL parties have paid out more than $944 million under the program.
CNN’s Amy Simonson and Joe Sutton contributed to this report.
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