The NFL’s settlement of nearly $1 billion with retired players who filed concussion lawsuits was upheld Monday by a three-judge panel of the 3rd U.S. Circuit Court of Appeals.
The unanimous decision in Philadelphia was released in a 69-page ruling, potentially ending the concussion litigation for the NFL.
The ruling comes weeks after an NFL official speaking to Congress acknowledged a link between football and chronic traumatic encephalopathy, or CTE.
“Given what we know about CTE, many of the symptoms associated with the disease will be covered by this insurance,” the judges wrote. “And compensation for players who are coping with these symptoms now is surely preferable to waiting until they die to pay their estates for a CTE diagnosis. Moreover, we agree with the District Court that it would be an uphill battle to compensate for the mood and behavioral symptoms thought to be associated with CTE.
“This settlement will provide significant and immediate relief to retired players living with the lasting scars of a NFL career, including those suffering from some of the symptoms associated with CTE. We must hesitate before rejecting that bargain based on an unsupported hope that sending the parties back to the negotiating table would lead to a better deal.”
The settlement would resolve thousands of lawsuits and cover more than 20,000 NFL retirees for the next 65 years. The league estimates that 6,000 former players, or nearly three in 10, could develop Alzheimer’s disease or dementia.
The original settlement was approved by a federal judge last April. Because the level of compensation depends on the recipients’ age and NFL experience, the average payment is expected to be $190,000, according to Sports Illustrated.
Players diagnosed with ALS can receive a maximum of $5 million in compensation. Family members of players diagnosed with CTE can receive up to $4 million. Those with Parkinson’s and Alzheimer’s diseases are eligible to receive up to $3.5 million. Players with neurocognitive impairment can receive up to $3 million.
“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. “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.”
Senior U.S. District Judge Anita Brody approved the deal after twice sending it back to lawyers over concerns the fund might run out. The total NFL payouts over 65 years, including interest and $112 million sought for lawyer fees, is expected to be more than $1 billion, according to ESPN.
Attorney Steven Molo, who represented some players opposing the deal, said of Monday’s ruling: “We are disappointed in the court’s decision. We’re reviewing the opinion and considering our options.”
The options could include appealing to the U.S. Supreme Court or asking a panel of all the circuit judges to reconsider the ruling of the three-judge panel.