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 A small group of players had objected to the deal, which was
approved in April 2015 by U.S. District Judge Anita Brody in
Philadelphia, because it did not cover potential victims of a
degenerative brain disease that scientists have linked to repeated
blows to the head.
"It is the nature of a settlement that some will be dissatisfied
with the ultimate result," Circuit Judge Thomas Ambro wrote for a
three-judge panel of the 3rd U.S. Circuit Court of Appeals in
Philadelphia. "But they risk making the perfect the enemy of the
good."
Steven Molo, the lead lawyer for the objecting players, said in an
email his clients were disappointed and would consider their legal
options.
 Samuel Issacharoff, a lawyer for players who accepted the agreement,
said the decision would ensure that players who urgently need help
will finally get it.
"We are dealing with a situation in which NFL players are hurting,"
he said in a phone interview. "We are going to give people serious
compensation for truly terrible injuries."
A spokesman for the NFL did not respond to a request for comment.
The settlement calls for payments of up to $5 million each to former
players diagnosed with certain neurological disorders, but it does
not address chronic traumatic encephalopathy (CTE), which has been
linked to concussions.
The lawsuit was brought on behalf of more than 5,000 retired
players, though the settlement could cover more than 21,000 former
players, according to the court.
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Roughly 200 retirees objected to the agreement, saying it did not
account for CTE. They also argued the deal unfairly favored
currently injured retirees and left thousands of former players who
have not yet been diagnosed with neurological diseases without a
remedy.
CTE has been discovered during autopsies for several former players,
including Hall of Fame linebacker Junior Seau and Pro Bowl safety
Dave Duerson, who both committed suicide. In March, the NFL for the
first time acknowledged a link between football and CTE.
But the appeals court noted that the research surrounding CTE is
still nascent, with no current way to test for the disease while an
individual is still alive. It also said many of the symptoms
associated with CTE, such as memory loss, are eligible for
compensation under the settlement.
(Additional reporting by Jonathan Stempel; Editing by James
Dalgleish)
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