NFL Concussion Settlement Upheld by Federal Appeals Court

A federal court upheld the NFL's concussion settlement with former players Monday despite the protestations of those who felt it was an unsatisfactory deal. 

Sports attorney Daniel Wallach provided the conclusion from the 3rd U.S. Circuit Court of Appeals:

Last April, a federal court granted preliminary approval of the settlement, which will provide former players with at least $900 million. Payouts have been halted amid appeals from former players who felt the financial compensation was inadequate.

However, Andrew Brandt of ESPN noted the settlement "includes no direct coverage for CTE and, as common in major settlements, no admission of NFL liability."

"The NFL's statements make clear that the NFL now accepts what science already knows: a 'direct' link exists between traumatic brain injury and CTE," attorney Steven F. Molo wrote in a statement to the court, per Michael O'Keeffe of the New York Daily News. "Given that, the settlement’s failure to compensate present and future CTE is inexcusable."

U.S. District Court Judge Anita Brody previously ruled the settlement was "fair, reasonable and adequate," per Nathan Fenno of the Los Angeles Times. The NFL first reached an agreement in August 2013 on thousands of lawsuits former players filed. Brody found that initial settlement unsatisfactory and requested the two sides make revisions that were put in the current settlement. 

"We are pleased with the Third Circuit's decision to completely uphold the District Court's approval of the settlement," Christopher Seeger, co-lead counsel for the former players, said in a statement, via ESPN.com news services. "This extraordinary settlement's implementation has been delayed enough by this small group of objectors, whose arguments have been exhaustively examined and overruled by both the District Court and Third Circuit. We hope they will consider the over 20,000 retired players and their families that support this agreement before filing additional appeals that will only extend these delays further."

Jim Trotter of ESPN offered his thoughts:

Under the new terms, a player could be awarded as much as $5 million depending on the severity of his neurological issues, age at diagnosis and number of years played in the NFL. A player diagnosed with Lou Gehrig's disease (ALS) can be awarded up to $5 million, while a posthumous confirmation of chronic traumatic encephalopathy (CTE) can provide the player's estate $4 million. Parkinson's and Alzheimer's patients are eligible for $3.5 million payments.

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