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Appeals Court Affirms NFL Concussion Settlement

19-Apr-2016
The United States Third Circuit Court of Appeals upheld the District Court's previous decision to approve the settlement in the National Football League (NFL) concussion litigation. Attorneys appealing the $1 billion settlement between the NFL and former professional players over concussion-linked injuries recently asked the appeals court to reject the settlement because it excludes chronic traumatic encephalitis (CTE). CTE in a progressive degenerative disease of the brain found in people who have received repetitive brain trauma, including concussions, that can only be confirmed as a diagnosis post mortem. 

CTE is a progressive degenerative disease of the brain found in people who have received repetitive brain trauma, including concussions, that can currently only be confirmed as a diagnosis post mortem. It was the subject of the December film, “Concussion,” starring Will Smith as Bennett Omalu, M.D., the pathologist who is credited with discovering the link between repeated concussions in professional football players and CTE.

Last year, the Brain Injury Association of America (BIAA) submitted an amicus brief to the United States Third Circuit Court of Appeals regarding the NFL concussion litigation before the court. The brief explained the science of traumatic brain injury (TBI) and the misconceptions inherent and relied upon by the District Court when it approved the settlement agreement. 

 
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