The U.S. Supreme Court has declined to review the $1 billion settlement reached by the NFL and former players in connection with concussions and the long term effects of injuries sustained in the league.
Though most of the retired players party to the class action accepted the settlement with the league, a small group of 31 filed an appeal because the settlement does not address a rare degenerative disease called chronic traumatic encephalopathy (CEP), which is linked to concussions.
The NFL argues they can’t address the issue in this settlement because current medical science cannot definitively diagnose the disease until after death. Hall of Fame defensive end Charles Haley and Scott Gilchrist, son of Buffalo Bills running back Carlton Chester Gilchrist, were among the 31.
The full 3rd U.S. Circuit Court of Appeals previously denied the group’s request to rehear the case. (RELATED: Tom Brady’s ‘Deflategate’ Appeal Denied, Last Chance Is The Supreme Court)
“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,” John Pentz, an attorney for the group wrote in court filings.
“We are pleased that the Supreme Court has decided not to review the unanimous and well-reasoned decisions of Judge Brody and the Third Circuit approving the settlement of this litigation,” the NFL said in a statement. “We look forward to working with Class Counsel and Judge Brody to implement the settlement and provide the important benefits that our retired players and their families have been waiting to receive.”
“This decision means that, finally, retired NFL players will receive much-needed care and support for the serious neurocognitive injuries they are facing,” said Chris Seeger, co-lead counsel for the plaintiffs class. “These courageous men and their families, who in the face of great adversity took on the NFL, have made history. Despite the difficult health situations retired players face today, and that many more will unfortunately face in the future, they can take comfort in the fact that this settlement’s significant and immediate benefits will finally become available to them and last for decades to come.”
Nearly 5,000 retired players were part of the class action, though the settlement could cover up to 21,000. The NFL does not admit guilt in the agreement with the players. Now that the Supreme Court has declined to take up the appeal, the process of implementing the settlement will begin shortly.
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