It has been over 26 months since Judge Anita B. Brody approved the NFL's deal to resolve thousands of concussion lawsuits, but now lawyers are appealing the NFL's $1 billion plan to address concussion-linked injuries in former players, as the settlement leaves out the central brain injury linked to football, according to Maryclaire Dale of the Associated Press.
Lawyer Steven Molo is representing the case and has asked a U.S. appeals court in Philadelphia to reject the settlement, as it excluded future payments for chronic traumatic encephalopathy (CTE). A recent study showed that 87 out of 91 former NFL players tested positive for concussion-related long-term issues.
Molo will also argue that the plan in place would only compensate for a few neurological conditions, but it would not compensate for depression or the mood disorders that scientific experts have linked with concussions, according to Dale. The lawyers, who negotiated the deal over a year ago, stated that the settlement was an insurance plan that was created for serious brain injuries, and not for every problem related to playing football.
San Francisco 49ers linebacker Chris Borland, 24, retired from football after concerns about long-term effects of repetitive head trauma. Detroit Lions cornerback Rashean Mathis suffered a concussion this season, but he was not diagnosed for over a week. Mathis is now considering retirement after being placed on injured reserve for the third time in his career. With players like Borland and Mathis having more knowledge about concussions and the health effects football can have later in life, players are deciding to walk away from the game.
The settlement will cover more than 20,000 NFL retirees for the next 65 years, according to Dale. Even if the deal is approved, members who opposed the deal can try to appeal the case again at the U.S. Supreme Court level. The problem with these appeals is that they are delaying payment of funds to those who need it, according to Mike Florio of Pro Football Talk. Many retired NFL players are in need of these funds, but it's unknown when a final resolution will come.
