A federal appeals court has upheld an estimated $1 billion settlement between the National Football League (NFL) and a group of retired players who suffered brain damage during their professional career.
The lawsuit was brought on behalf of more than 5,000 ex-players but the settlement could ultimately cover more than 21,000 former pros, according to the court.
The settlement could see payments of up to $5 million to each individual diagnosed with recognized neurological disorders.
However, it does not address chronic traumatic encephalopathy (CTE), which has also been linked to concussions.
A small group of players had objected to the original deal, which was approved in April 2015 by U.S. District Judge Anita Brody in Philadelphia, because it did not cover potential victims of CTE.
But as long as there are no further appeals, ex-players already diagnosed with brain injuries linked to concussion could begin receiving benefits by August.
The NFL has acknowledged a link between head trauma in football and CTE, which is associated with memory loss, depression and progressive dementia.
“It is the nature of a settlement that some will be dissatisfied with the ultimate result,” Circuit Judge Thomas Ambro wrote for a three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia. “But they risk making the perfect the enemy of the good.”
Lawyers acting for the objecting players are understood to be considering their options.
CTE has been discovered during autopsies for several former players, including Pro Bowl safety Dave Duerson, who committed suicide.
But the appeals court noted that the research surrounding CTE is still unclear, with no current way to test for the disease while an individual is still alive.
It also said many of the symptoms associated with CTE, such as memory loss, are eligible for compensation under the settlement.