After final appeal, NFL retirees can finally get help

By Nick Lowery

As the U.S. Court of Appeals for the Third Circuit prepares to hear oral arguments related to the NFL concussion case on Thursday, it is crucial to remember how we got here.

After evidence emerged linking repeated head impacts with severe conditions like dementia, thousands of retired players sued the NFL to secure crucial benefits to protect themselves and their families. Many retirees spent years fighting in court as hard as they had fought on the field. And then finally, in April, a federal court approved a settlement that promises to give retired NFL players the compensation, care, and long-term protection we need.

However, even though 99 percent of the retired player community is participating in the agreement, not one person has received the testing or compensation he deserves. This is because a tiny fraction of retired players - less than 0.5 percent - and their lawyers have filed appeals. These appeals stand in the way of these benefits and have caused particular harm to those who may not have much time left to wait.

Since I retired, I have watched some of the toughest and finest guys I had the honor to play with fall ill with devastating neurological diseases, including my teammate for two seasons Mike Webster, a Hall of Famer and four-time Super Bowl champion; fellow NFL player rep Dave Duerson; and my two-time Pro Bowl teammate Junior Seau. They were leaders in the truest sense, playing at the highest level and always putting their team first.

The settlement - which covers all retired NFL players - promises to at last provide the combination of immediate help and long-term protection that we sought. The agreement offers immediate compensation for those suffering today from ALS, Parkinson's, Alzheimer's, or dementia. The agreement also features two big achievements: One, the compensation fund is uncapped, which means that for the next 65 years, retired players are assured compensation if they develop a severe neurological disease. Two, the cause of the player's condition is not disputed.

The settlement also allows retired players the ability to receive a variety of tests to determine if they have any type of cognitive impairment. Depending on the results, players will be eligible to receive medical benefits, including further testing, treatment, counseling, and pharmaceutical coverage. Furthermore, those results will act as a baseline to measure any cognitive deterioration in the future, ensuring serious illnesses are caught and treated promptly.

Importantly, the settlement will be run by fully independent administrators and overseen by the court. Participating doctors will also be independent, and the NFL will not be approving claims for benefits. More can be done, but this is a good start in protecting thousands of players and their families, and ensuring the greatest game in America is protected for generations to come.

After years of watching even quite young retirees suffer and their devastated families pick up the pieces, we are finally close to getting the help we need. Those who appealed say they are looking for a better deal. However, a federal judge already considered and overruled their arguments when she approved the settlement in April. Mark my words: Their appeals will not help anyone and have hurt the many who need help right now.

Nevertheless, a hearing will take place on Thursday, allowing the small group who appealed to state their case once again. These appeals should be rejected - not only because the settlement is a good one, but because retired NFL players deserve to quickly and finally receive the benefits, the peace of mind, and the respect they have fought for years to attain.

Nick Lowery was a seven-time all-pro NFL placekicker for the New England Patriots, Kansas City Chiefs, and New York Jets, playing from 1978 to 1996. admin@loweryspeaks.com