For the second time, former National Football League players have filed a petition asking the country’s highest court to reject the concussion lawsuit settlement. According to the petition, the settlement does not cover players who were diagnosed with chronic traumatic encephalopathy after April 2015.
31 Players Signed Petition Saying Settlement Violates Supreme Court Rulings
There are 31 players who signed the petition that echoes other complaints from the 2013 settlement. The complaints are that the deal was done quickly by the main players’ lawyers and favored those players over thousands of other players.
The petitioners include 1996 Super Bowl MVP Larry Brown and Charles Haley who is in the Hall of Fame. Both were former players for the Dallas Cowboys. It has been about 20 years since the Supreme Court reviewed a case that dealt with different treatment of class action subgroups. In addition, the federal appeals courts in Philadelphia and New York have a different view of the matter, which could interest the Supreme Court.
Different Dates of Death, Same Diagnosis, Different Award
The petition says that some players who were diagnosed with CTE after their deaths are eligible for a settlement award, while other players diagnosed with CTE after their deaths at a later date are not. Dave Duerson, a former safety for the Chicago Bears, was diagnosed with CTE after he committed suicide in 2011. His family can seek a settlement award of up to $4 million. Ken Stabler, who was a quarterback for the Oakland Raiders, is not able to seek the same award, even though he was also diagnosed with CTE. Stabler died in July 2015.
A degenerative disease, CTE can only be diagnosed after death, and is often found in athletes who have suffered repeated concussions or severe hits to their heads. Scientists are trying to determine how to diagnose the disease before death and hope to have an answer within the next decade.
There are several future diagnoses that are covered in the settlement, including Parkinson’s, Alzheimer’s, and Lou Gehrig’s disease, but CTE is not included.
Have You Lost a Loved One to CTE?
If you have lost a loved one to CTE, and believe it was due to negligence on the part of a former sports team owner or other individual, you have a right to seek compensation. Failing to provide adequate equipment or medical care can have disastrous results. An attorney can provide more information about your legal options.
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