NFL Concussion Settlement awards that some players will never see

"There's a lot of players in really bad shape that are probably not going to see (the money) because of the delays." - Ray Turner, father of Kevin Turner – lead plaintiff in the NFL Concussion lawsuit.

When Mr. Turner made that statement to the Associated Press on June 24, 2015, he wasn't trying to bully or intimidate anyone into dropping their appeals, he was just stating the facts.

Several players suffering with dementia have passed away since that article was written. One of them was a former teammate of mine, Curtis Brown and the other was Mike Pyle who played for the Chicago Bears.

I will always remember Curtis Brown as the “cool” guy that never let anything get him down. If there was something that bothered him he would never let you know. To him, a problem was handled like “water off a duck's back.” Not too many of our Bills Alumni knew that he was suffering from health and memory problems. He liked his privacy and like many former players, he didn't want to be a burden to anyone. 

Curtis Brown looking to make a move on Chicago Defensive Back Gary Fencik in a 1980 game.

Mike Pyle played nine seasons (1961 - 1969) for the Chicago Bears under head coach George Halas. In 1963 he earned a Pro Bowl berth and served as the Bears offensive team captain from 1963 through his retirement. He was named to the Sporting News First Team - All Conference and the UPI Second Team - All NFL in 1963 and to the New York Daily News All NFL team in 1965. He was also president of the NFL Players Association in 1967.

Mike Pyle was celebrated in 2013 for his title with the Chicago Bears. Credit Jim Prisching/Associated Press

Several years after retiring from the NFL, Pyle began to suffer from symptoms of dementia. “I could see the rapid loss of memory,” Mike Ditka told The Chicago Tribune last year. “He was a Yale guy. He was one of the smartest guys I’ve ever been around. He was my roommate for years. All of a sudden, he was a different guy.”

Pyle's condition continued to get worse and eventually his family was forced to put him into a full-time assisted living facility. Pyle went to Silverado, a national chain that has an arrangement with the NFL to treat all former players with at least three years of service who have been diagnosed with dementia.

Loren Shook, the president and CEO of Silverado Senior Living, said ‘‘We have treated about 20 NFL players — we have about a dozen right now. This is under the 88 Plan with the NFL.’’

As most of you already know, the 88 Plan is a brain trauma program named for Hall of Fame tight end John Mackey, whose number was 88. All of the former players and family members being treated at Silverado will qualify for an award under the Settlement. They are waiting, but time is not on their side.

Mike Pyle died on July 29, 2015 from a brain hemorrhage and Curtis Brown died the following day from a heart attack. Unfortunately, neither of those two players lived to see the final approval of the NFL Concussion Settlement. I hope that their families will apply for benefits on their behalf when the appeals have been exhausted.

Ken Stabler, who also died earlier this year, may not receive compensation either, even though he was the lead plaintiff in one of the concussion lawsuits that included 74 other players. Hopefully, he and other former players received some type of diagnosis before they died. If they did, then their heirs may be entitled to a derivative award.  

If former players believe that they have some of the symptoms associated with dementia or another one of the conditions compensated by the settlement, they shouldn’t wait to get diagnosed. Even though the Settlement (when and if it is approved) will pay the cost of testing, assessing and diagnosing players for cognitive impairment, if you die before getting a diagnosis your family will not be eligible for an award. Unfortunately, we don’t know how long the appeals will take, so it is probably in your best interest to get diagnoses as soon as possible. Especially if you believe you might qualify for an award.

The testing is very expensive and if you don’t have insurance, or other means of paying for it, I would suggest that you request funding from the NFL Players “Trust” program, NFLPA Players Assistance Trust Fund, the Players Foundation or the NFL Alumni. I’d be interested in knowing just how many of those organizations would be willing to assist former players with those costs.

I’m not sure what the grounds for appealing the Settlement will be, but that won't make any difference to our alumni brothers that have died and will continue die while waiting for the final approval of the Settlement.

Former players that are appealing the NFL Settlement must submit their full appeal to the Court by August 15, 2015.

I hope some of them will reconsider this legal option.