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Rival Report 8/31: NFL concussion settlement down to one last player appeal before payouts

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And then there was one. The group of former NFL players that saw two separate appeals overruled in courts has officially given up their fight against the $1 Billion dollar injury lawsuit settlement. Except for one, the family of former AFL running back Cookie Gilchrist has continued their fight with an appeal to the Supreme Court despite the rest of the players dropping their appeals.

This last ditch effort is because of not believing that the terms of the settlement have former players categorized for payments fairly enough. Specifically they believe that the categories of retired settlements that deem players to have been diagnosed with injury and those without injuries are insufficient. They also contend that there is inadequate discovery for the "disputed scientific" propositions of head traumas that the settlement decides on the level of compensation with.

The players receive their settlements depending on what ailments they faced and those settlements can reach up to $5M depending on the ailment. However, even just one stroke eliminates 75% of the settlement a person would have otherwise been entitled to and not all ailments believed to be caused by football are covered in the settlement. That means some players injured from football will be left out entirely from the settlement and some will not be covered enough for their pain and suffering.

However, thousands of people desperate for these settlement payouts are affected by the appeals process. There already have been somewhere around 9,000 players that have applied for payouts from this settlement and none of those players can receive money until all appeals are exhausted. The settlement may not be perfect, but it is what the bulk of the former players in this case agreed to and further appeals are only slowing the important process of beginning these payouts.

One of the lawyers that was for the bulk of players that dropped their appeals is Christopher Seeger, and he put out a scathing statement about the intentions of any lawyers left fighting this settlement. He left no confusion on where he stands on this last appeal, stating that he believes that the people doing so are not working for the best interest of the retired NFL player community.

"While we are pleased several appellants have decided against petitioning the US Supreme Court, 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," Seeger said, "We hope the court will reject this appeal and affirm the settlement so former players can finally receive the care and support they urgently need."

As far as that goes, only 1 in 100 appeals that reach the Supreme Court are actually heard due to each case needing at least 4 Justices to agree to hear the case. With all other plaintiffs in this case having dropped their appeal, along with two separate rulings okaying the settlement and thousands of people affected by the delay it is very unlikely that they choose to hear this last appeal.

We should know officially whether the appeal will be heard by the Supreme Court within a few weeks, if they decide not to hear the case then this long process will finally be over and former players will begin receiving their much deserved payouts.

Lone NFL holdout appeals $1B concussion settlement | New York Post
A group of retired NFL players who objected to a $1 billion concussion settlement with the league will not take their case to the Supreme Court, The Post has learned.

An Attempt for One More Appeal in N.F.L. Concussion Case - The New York Times

Lawyers for the estate of the former running back Cookie Gilchrist have asked the Supreme Court to hear an appeal to alter the landmark deal between the league and its retired players.

Estate of former NFL player seeks Supreme Court review of concussion settlement -USA Today

Probably not, but lawyers for Cookie Gilchrist's estate wants high court to review it.

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