The finger is already being pointed at the NFL for funding there own studies like you've pointed out. Don't you think it's like the fox guarding the henhouse?
I think there is a bit of that, combined with inaction when some action was warranted.
I think the NFL will ultimately settle, but if it were tried, I could see a judge or jury finding that the NFL had a duty to investigate and/or implement safety measures earlier than it did.
Also, just for a point of clarity to some other posts, you cannot waive bodily injuries - so to everyone suggesting making football players sign waivers, those waivers would not hold up in any court.