The family of former NFL fullback Carlton “Cookie” Gilchrist, who was diagnosed with chronic traumatic encephalopathy (CTE) after his death in 2011, has filed an appeal with the U.S. Supreme Court to review the concussion case with the NFL that had reached a potential $1 billion settlement. The players suing the league had originally settled about three years ago before a federal judge finalized their agreement in March, with the terms permitting over 21,000 former NFL players to receive up to $5 million of the $1 billion settlement funds for up to 65 years of their lives. Because of the Gilchrist family’s appeal, payouts that would have been issued about three months after the “effective date” could now be delayed for several months.
Attorney Jared Beck defended the appeal, arguing that “[the] enormous settlement was settled without a shred of evidence (presented) by the NFL.” For example, the appeal questions why more money is awarded for amyotrophic lateral sclerosis (ALS) than for CTE despite the fact that some researchers link CTE more closely with football concussions. Critics of the settlement have also complained that it does not cover future CTE cases even though it may be able to be diagnosed in the living within 10 years.
The attorney for the majority of players who agreed to the settlement has a different take, however. Christopher Seeger believes “it is clear the few lawyers still objecting to this settlement have motives other than what is in the best interest of the retired NFL player community.” Additionally, former New York Jets All-Pro offensive lineman Alan Faneca believes the settlement “is for the greater good for everybody” and “provides a small window for a large group of guys.”
While last Tuesday was the deadline for asking the Supreme Court to take up the case, lawyers for at least two other sets of players received extensions to file separate appeals of the settlement, being given until September 19 to submit their petitions. However, there is a very small chance that the Supreme Court will hear the case, especially considering that an appeals court has twice approved the existing deal.
The lawsuit was settled on behalf of 21,000 retirees. It awards up to $5 million for those with ALS, $4 million for past CTE deaths, and $3.5 million for advanced Alzheimer’s disease. The average payouts would be closer to $190,000.