By Dom Cosentino | DEADSPIN
On Thursday, the federal judge overseeing the NFL concussion settlement denied an appeal filed by the family of a deceased former player with CTE. Under the terms of the settlement, that CTE diagnosis could have been worth as much as $4 million. The reason for the denial? The player’s family missed the deadline for getting a CTE diagnosis due to circumstances completely beyond their control. Those circumstances? The medical examiner’s office that did an autopsy on the player initially informed the player’s family that no brain tissue had been preserved so it could be examined for the presence of CTE.
The family of the player had properly registered for the settlement and filed a timely claim. But only after the family reached out a second time—without the assistance of the law firm they had hired to help with navigating their claim, which also happens to be the co-lead counsel for the settlement class—were they informed that the brain tissue had indeed been preserved. And by the time the family—again, without assistance of counsel—got a CTE diagnosis from a board-certified neuropathologist, it was three months after the settlement claim’s deadline.
“Unfortunately, some players and their families are experiencing the limitations the NFL appears to have negotiated into the settlement to reduce its liability. While I wish Mr. Holmes’ family had been allowed to appeal the claims administrator’s denial of their claim, unfortunately the judge could not rewrite the settlement agreement to provide an exception to the missed deadline.”
