Appeal filed in NFL concussion lawsuit, delaying settlement

An appeal was filed in the NFL concussion class action lawsuit, delaying potential $1 billion settlement.

A notice of appeal was filed by a former NFL player and his wife that could delay funds and medical care for players covered by the potential $1 billion NFL concussion settlement.

The appeal was filed by Craig and Dawn Heimburger on Wednesday, and their lawyers say they want a federal appeals court to review a judge's decision to approve the deal.

Heimburger, 38, played in 13 games from 1999 to 2001 with the Buffalo Bills and Green Bay Packers.

“We are extremely disappointed and perplexed that an objector would file a notice to appeal the Court’s final order, even though this decision means thousands of retired NFL players suffering from devastating neurocognitive injuries, and those concerned about their future, will now be forced to wait many months for the immediate care and support they deserve,” Christopher Seeger and Sol Weiss, co-lead counsel for the retired NFL player plaintiffs, said.

Judge Anita B. Brody approved the class-action lawsuit settlement last month, with awards potentially having the chance to reach $5 million for those ex-players in their 30s and 40s with Parkinson's disease or ALS, or for chronic brain trauma deaths.

Brody rejected a $765 million settlement reached in August 2013 citing concerns that every player qualifying for a payout would not receive funds throughout the 65-year term of the settlement.

Seeger and Weiss say that any arguments or objection made in this recent appeal had already been thrown out or overruled by Brody.

"With over 99% participation, it is clear the retired player community overwhelmingly supports this agreement," Seeger and Weiss said. "For those who hoped to receive benefits as soon as this summer, this appeal is heartbreaking news. We look forward to offering a forceful defense of the settlement in the Court of Appeals."

- Scooby Axson