Appeal sends proposed settlement to Supreme Court

PHILADELPHIA — A last-minute appeal in the NFL concussion case, filed by the son of an all-star fullback, has sent the proposed settlement to the U.S. Supreme Court and delays payouts for at least several months.

The family of the late Buffalo Bills fullback Carlton “Cookie” Gilchrist asked the high court Tuesday to review whether the judge should have approved the settlement without a full challenge to the scientific evidence presented jointly by both sides.

“This enormous settlement was settled without a shred of evidence ( presented) by the NFL. It’s just astounding … because there’s so much at stake here,” lawyer Jared Beck said Wednesday.

The appeal, for instance, questions why more money is awarded for amyotrophic lateral sclerosis, or ALS, than for chronic traumatic encephalopathy, or CTE, which some researchers link more closely with football concussions. At least two sets of other plaintiffs were granted extensions of the Tuesday deadline and can appeal through next month.

Players’ lawyers who support the 2013 settlement negotiated with the league on behalf of 21,000 retirees insist their clients need financial and medical help now. Lawyer Jim Acho of Detroit, who sent a letter to clients Tuesday that said no further appeals had been filed and the payouts were imminent, called the Gilchrist appeal “unbelievable.”

The player lawsuits had initially accused the NFL of hiding what it knew about the link between concussions and CTE. The settlement 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.

Critics complain the settlement, approved by Senior U.S. District Judge Anita B. Brody in Philadelphia, does not cover future CTE cases even though it may be able to be diagnosed in the living within 10 years. The lead negotiators said they instead set aside compensation or treatment for some CTE symptoms. That does not include the depression, aggression and mood swings reported by some former players who experienced repeated concussions.

Gilchrist’s attorney said the lead lawyers are simply eager to divide fees expected to top $112 million.