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 The eight justices refused to hear an appeal of a lower court ruling
in April upholding the settlement, which resolved litigation brought
by players who accused the NFL of covering up information that tied
head trauma like that suffered playing football to permanent brain
damage.
The settlement enables the NFL, the most popular U.S. sports league
with billions of dollars in annual revenue, to avoid litigation that
could have led to huge sums in damages and provided embarrassing
details about how it has dealt with the dangers posed by head trauma
in the violent sport.
League officials also have taken steps to outlaw some of the game's
most brutal hits and changed how they deal with players who suffer
concussions during games amid growing evidence linking such brain
trauma to lasting neurocognitive damage.
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), a condition that
has been linked to concussions.
Christopher Seeger, a lawyer who helped negotiate the settlement for
the retired players, said they will now receive "much-needed care
and support for the serious neurocognitive injuries they are facing"
under the terms of the settlement.
"These courageous men and their families, who in the face of great
adversity took on the NFL, have made history," Seeger said.
Brian McCarthy, an NFL spokesman, said the league is "pleased that
the Supreme Court has decided not to review the unanimous and
well-reasoned decisions" of the lower courts that approved the deal.
The NFL will now work with lawyers for the players and the judge
overseeing the settlement to "provide the important benefits that
our retired players and their families have been waiting to
receive," McCarthy added.
The lawsuit against the NFL 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 appeals court that earlier endorsed
the deal.
'ON THE SIDELINES'
"This settlement will leave most NFL players on the sidelines, even
those most affected by the long-term effects of concussions. Under
the terms of the deal, many players diagnosed with CTE will get
nothing," said Deepak Gupta, one of the lawyers representing the
dozens of retired players challenging a deal they considered flawed.
The settlement was first approved in April 2015 by U.S. District
Judge Anita Brody in Philadelphia.
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In upholding the settlement in April, the 3rd U.S. Circuit Court of
Appeals in Philadelphia wrote that those challenging it "risk making
the perfect the enemy of the good." Under the settlement, the NFL
does not admit guilt.
A smaller group of retired players 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.
The objectors included Scott Gilchrist, the son of retired player
Carlton Chester "Cookie" Gilchrist, a Buffalo Bills running back in
the 1960s whose lawyers say died from CTE at age 75 in 2011.
The NFL has come under increasing pressure in recent years from
fans, politicians and parents to address the link between playing
the sport and head trauma.
CTE, a progressive degenerative disease of the brain seen in
athletes and others with histories of repetitive brain trauma, has
been discovered during autopsies on several former players.
They included Hall of Fame linebacker Junior Seau, who committed
suicide in 2012, and safety Dave Duerson, who played on the all-time
great 1985 Chicago Bears defense and committed suicide in 2011. In
March, the NFL for the first time acknowledged a link between
football and CTE.
Seeger said players will soon be notified about the next steps
toward receiving compensation, which will begin in the spring of
2017.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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