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NFL Commissioner Roger Goodell talks during a press conference at the NFL owners meeting in Boca Raton, Fla., Wednesday, March 23, 2016. (AP Photo/Luis M. Alvarez)
NFL Commissioner Roger Goodell talks during a press conference at the NFL owners meeting in Boca Raton, Fla., Wednesday, March 23, 2016. (AP Photo/Luis M. Alvarez)Luis M. Alvarez/Associated Press

NFL Concussion Settlement Approval Appealed: Latest Details, Comments, Reaction

Tim DanielsApr 28, 2016

Several retired NFL players filed an appeal of the approved NFL concussion settlement Thursday. Their argument reportedly challenges the role of chronic traumatic encephalopathy (CTE) in the deal.

Daniel Kaplan of the Sports Business Journal first reported the news. Kaplan noted the retirees are unhappy with the argument about a lack of CTE information, and they state that if that's the case, then the disease should not be part of the settlement agreement.ย 

Ken Belson of the New York Times estimated the appeal could extend the case for "months" if the Third Circuit Court accepts to hear the appeal "en banc." That would allow a full court rather than a select panel of the judges to hear the appeal.

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Kaplanย also provided the names of the nine former players who filed Thursday's appeal: Cleo Miller, Judson Flint, Elmer Underwood, Vincent Clark, Ken Jones, Fred Smerlas, Jim Rourke, Lou Piccone and James Wilkins.

Last week, a federal appeals court upheld the settlement regarding the multitude of concussion lawsuits filed against the league, according to ESPN.com. The deal is estimated at $1 billion, but the report notes critics of the agreement want future payments for CTE included in the final settlement.

Approval of the settlement came after Jeff Miller, the NFL's senior vice president for health and safety, confirmed the link between football and CTE at a congressional hearing. Sam Farmer and Nathan Fenno of the Los Angeles Times provided his remarks on the subject.

"Well, certainly Dr. [Ann] McKee's research shows that a number of retired NFL players were diagnosed with CTE, so the answer to that question is certainly yes," Miller said. "But there's also a number of questions that come with that."

Andrew Brandt of The MMQB, who noted the NFL has been trying to "put this settlement to bed for years," reported after the approval that some people throughout the league were previously concerned Miller's comments could impact the deal.

A lawyer for the plaintiffs said the retirees were slated to begin receiving benefits from the settlement in three or four months if there were no further appeals, according to the ESPN.com report. It's unclear how the nine-player appeal will affect the timeline.

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