The family of former Chicago Bears defensive back Dave Duerson filed an objection to the NFL concussion settlement on Tuesday. The objection criticizes the proposal for limitations on compensating players or their families in cases of chronic traumatic encephalopathy (CTE). Duerson committed suicide in 2011 by shooting himself in the chest to preserve his brain for study.
Family of Dave Duerson files NFL concussion settlement objection
The family of the former Bears defensive back joins a group of plaintiffs arguing that the settlement eliminates most players diagnosed with CTE.
Jeremy Brevard-USA TODAY Sports
Earlier this week, ESPN reported that most of the retired NFL players eligible have decided to accept the terms of the NFL concussion settlement. However, Dureson joins nine other former players who filed an objection to the settlement based on the same concerns over how it compensates CTE sufferers.
According to a report from ESPN, attorney Bill Gibbs of Corboy & Demetrio said, “The proposed settlement is an insult to his legacy. ... The NFL’s denial continues.”
Attorneys for Duerson and the other players objecting are arguing that the settlement “disenfranchises the families who will inevitably suffer the horrific ramifications of CTE” by not compensating those diagnosed with the disease after July 7, 2014, when U.S. District Judge Anita Brody issued preliminary approval for the settlement. Players diagnosed with CTE before Jan. 1, 2006, would also not be compensated under terms of the current settlement.
Gibbs blasted the settlement, accusing the NFL of sacrificing the long-term health of its players by setting up the settlement to avoid any further lawsuits.
“The League’s motivation is clear—it desires to, once and for all time, forever ban any more lawsuits for damages as a result of its decades long fraudulent concealment of the link between repetitive head trauma and later in life cognitive and mental health deficiencies. But, in attempting to do so, the NFL blatantly ignores the mental health deficits affecting its former players. And, it utterly fails to account for CTE.”
Duerson’s case is one of about 50 cases that stand to be compensated for a CTE diagnosis. Under the current settlement that most former NFL players are accepting, Duerson’s family would receive approximately $2.6 million.
“In the 10 years leading up to his suicide at age fifty (50), as a result of the progressive brain degeneration, CTE, Dave Duerson, a man with no prior history of depression or psychological issues, complained of intense headaches, worsening short-term memory, language difficulties, vision trouble, and a growing problem with impulse control, said Tregg Duerson, the son of Dave Duerson”
CTE has been discovered in the brains of dozens of deceased players. Researchers also believe that they have identified a means of diagnosing players with CTE before their death.
Judge Brody has a fairness hearing for the settlement set for Nov. 19. The objections and the issue of how the settlement treats players with CTE and their families are expected to be further addressed as part of that hearing.
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