The 3rd U.S. Circuit Court of Appeals has approved an uncapped National Football League concussion settlement, finding that the deal is fair to the Class of retired players who suffered concussions during games and practices.

In affirming the NFL concussion class action settlement, the unanimous three-judge panel rejected a challenge from objectors who argued that the agreement was insufficient for NFL players who suffered from chronic traumatic encephalopathy (CTE), a degenerative brain condition that has been linked to repeated head injuries and concussions.

The objectors argued that the NFL concussion settlement was unfair because it excluded claims from players who were diagnosed with CTE, which causes confusion, memory loss and dementia. Currently, CTE can only be diagnosed after death.

Under the terms of the NFL concussion class action settlement, former players who have amyotrophic lateral sclerosis may be eligible to receive up to $5 million, while players who have been diagnosed with Alzheimer’s or Parkinson’s disease may be eligible to receive up to $3.5 million.

The concussion settlement provides former players who were diagnosed with CTE after their deaths with $4 million each, although the settlement excludes players who die after a cutoff date.

The appellate panel acknowledged that some players would not be satisfied with the settlement, but noted that the NFL concussion settlement was likely to provide more than $1 billion in payments to more than 20,000 retired NFL players.

“[W]e do not doubt that objectors are well-intentioned in making thoughtful arguments against certification of the class and approval of this settlement,” the appellate court wrote. “They aim to ensure that the claims of retired players are not given up in exchange for anything less than a generous settlement agreement negotiated by very able representatives.”

“It is a testament to the players, researchers, and advocates who have worked to expose the true human costs of a sport so many love,” the 3rd Circuit continued. “Though not perfect, it is fair.”

U.S. District Judge Anita B. Brody gave final approval to the NFL concussion class action settlement in April 2015. Subsequently, the deal was challenged by a total of 95 retired players who argued that the entire Class of former players was not adequately represented because CTE was not fully accounted for in the final concussion settlement.

The appellate court disagreed, finding that the concussion settlement adequately represented CTE based on the current scientific uncertainty regarding the brain condition and the fact that it can only be diagnosed after death.

“In the end, this settlement was the bargain struck by the parties, negotiating amid the fog of litigation,” the appellate court stated. “If we were drawing up a settlement ourselves, we may want different terms or more compensation for a certain condition. But our role as judges is to review the settlement reached by the parties for its fairness, adequacy, and reasonableness.”

To learn more about the NFL concussion settlement or register for future updates, click here or visit www.NFLConcussionSettlement.com.

The objecting former players are represented by MoloLamken LLP, Hangley Aronchick Segal Pudlin & Schiller, Lynn Tillotson Pinker and Cox.

The settling plaintiffs are represented by Seeger Weiss LLP, Anapol Schwartz Weiss Cohan Feldman & Smalley PC and Podhurst Orseck PA.

The NFL Concussion Class Action Lawsuit appeals are In re: National Football League Players’ Concussion Injury Litigation, Case Nos. 15-2206, 15-2217, 15-2230, 15-2234, 15-2272, 15-2273, 15-2290, 15-2291, 15-2292, 15-2294, 15-2304 and 15-2305, in the U.S. Court of Appeals for the Third Circuit.