One of the primary objections to the concussion settlement, which was approved Wednesday by Judge Anita Brody, arises from the failure of the compensation fund to pay benefits to retired players who have Chronic Traumatic Encephalopathy. The best argument in favor of paying living players with CTE comes from the reality that the fund will compensate deceased players as of the final settlement approval date whose brains show evidence of CTE.
In her lengthy ruling approving the settlement, Judge Brody addressed the decision to compensate deceased players whose brain show evidence of CTE, but not to compensate retired players who have CTE.