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 In a filing with the 3rd U.S. Circuit Court of Appeals in
Philadelphia, 10 former players said the settlement with more than
5,000 retirees was unfair because it did not properly treat players
yet to be diagnosed with chronic traumatic encephalopathy (CTE), a
degenerative condition linked to repeated blows to the head.
These players, including five-time Pro Bowl defensive lineman Fred
Smerlas, said the settlement unfairly favored currently injured
retirees over those merely exposed to head trauma, and left a
potential 19,000 players who have yet to be diagnosed with
neurological diseases without a remedy.
"It is the height of hypocrisy for the parties to defend a
settlement that offers nothing for CTE to the vast majority of class
members by arguing that those claims could not prevail at trial
because the science is too new," lawyer John Pentz wrote for the
objecting players.
Monday was the deadline to object to the settlement. As many as a
dozen appeals were expected, covering about 90 retirees including
Hall of Fame linebacker and defensive end Charles Haley and Pro Bowl
guards Alan Faneca and Nate Newton.
The settlement was approved on April 22 by U.S. District Judge Anita
Brody in Philadelphia.
It provides payments of up to $5 million to players who suffer from
serious medical conditions associated with repeated head trauma.
The NFL and lawyers for settling players have until Sept. 15 to
respond to the objections. There is no timetable for the appeals
court to issue a decision.
"These appeals are heartbreaking news for injured retired NFL
players who will now be forced to wait many months longer for the
care and financial support they desperately need," said Chris
Seeger, co-lead counsel for the plaintiffs.
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Seeger said more than 99 percent of retired players endorsed the
accord. A spokesman said the settlement affects more than 20,000
retired NFL players.
NFL spokesman Brian McCarthy declined to comment.
In the first of Monday's objections, the 10 retirees said "no
settlement at all" was better than one offering nothing for the
"vast majority" of former players, who "will probably die with
evidence of CTE in their brains."
They noted that CTE was found during the autopsies of Hall of Fame
linebacker Junior Seau and Pro Bowl safety Dave Duerson, who both
committed suicide.
The lead case is In re: National Football League Players Concussion
Injury Litigation, 3rd U.S. Circuit Court of Appeals, Nos. 15-2206.
(Reporting by Jonathan Stempel in New York; Editing by Lisa Von Ahn
and Alan Crosby)
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