Ohio State's $100 million Strauss settlement may trigger additional payments to earlier abuse plaintiffs
Ohio State University's recent $100 million settlement with 279 victims of former sports medicine doctor Richard Strauss could obligate the school to pay additional sums to a prior class of 152 claimants covered by a 2020 agreement, according to Sportico. That earlier settlement included a most-favored-nation clause stipulating that any future settlement's per-claimant average could not exceed the 2020 class's average recovery of roughly $252,551 without triggering a mediation process to determine what additional compensation the earlier group is owed. The new settlement would average approximately $358,000 per claimant, well above that threshold. A special master will divide the latest settlement among the 279 plaintiffs, while a mediator will separately assess what, if anything, is owed to the prior class; Ohio State declined to comment, citing confidentiality requirements of the ongoing mediation.
any future settlement would not exceed the earlier class's average recovery of $252,551 per claimant.
Why it matters
For coaches: Athletic department administrators at large universities are reminded that most-favored-nation clauses in abuse-related settlements can create long-tail financial exposure when subsequent settlements are reached at higher per-claimant values.
For athletes: Former Ohio State student-athletes who were treated by Strauss and are part of either settlement class face direct financial and legal consequences from how the special master and mediator resolve these overlapping agreements.
Read the full story at Sportico
Sources
- Sportico · Daniel: Ohio State Could Owe Millions More to Prior Strauss Sex-Abuse Plaintiffs