Major fault-lines are coming to the fore in one of the most high-profile class action lawsuits dealing with the NFL and players affected by a condition known as chronic traumatic encephalopathy (CTE). Earlier this month, a group of plaintiffs requested the Supreme Court of the United States refuse to review a pair of appeals, submitted by other plaintiffs, challenging the efficacy of an April 2015 settlement. Specifically, the appeals focus on the argument that the current settlement will not be “enough” for former players with cognitive issues, and that current players who may develop CTE will not be able to access the resources from this settlement.
The multi-district, multi-party suit involves 22,000 former NFL players, including the late Buffalo Bills fullback Cookie Gilchrist. In a historic settlement, the NFL agreed to open a “bottomless fund” for sixty-five years, providing relief for the former players involved in this litigation. After the parties agreed to the settlement, over 11,000 former players attempted to enroll in the program. Players in favor of the settlement claim that appeals, like those present here, are holding up precious resources from flowing to players in need. Further, the players in favor of the settlement argue that the Court should not exercise review because the petitions “[ignore] the legal consequences of failing to raise any evidentiary objection in the district court,” and, “[t]he other [petition] manufactures conflicts on grounds that are directly contrary to […] well-supported factual determinations[.]”
This is the latest development in the saga of concussions and the development of CTE in connection with the football players. The results of studying the condition have yielded alarming results. Most recently, CTE was found in an eighteen year-old high school football player’s brain tissue. Many of the former players in the current suit have experienced severe symptoms of CTE, describing the condition as “pain I’d never known existed.” It is unknown whether the Supreme Court will grant certiorari to the current case at this time.