The players also suggest that the settlement's proposed offset of 75 percent of any damages awarded for any stroke that is not related to football is not fair to players who were subjected to routine use of the drug Toradol, a medication that reduces pain, allows players to play when hurt, and can result in strokes. One of the attorneys advocating the settlement, Chris Seeger, represents players who used Toradol but also is arguing in support of the 75 percent offset.
Said Seeger in a statement on Monday: "We continue to work at the direction of the court and special master as they review the settlement agreement and rightfully ensure that all members of the class are protected. We look forward to finalizing this agreement so that former players can soon begin taking advantage of its benefits."
An NFL spokesman deferred to Seeger's statement for comment.
Molo said in the Monday filing the Seeger-endorsed settlement proposal makes no mention of the Toradol issue "except to release [extinguish] any claims for them and inexplicably select it as a basis for reducing retired players' compensation."
The 75 percent offset for a single stroke, the players say in their court filing, is "devoid of scientific justification and grossly unfair."
The players are asking Brody to grant them status as "plaintiff-intervenors," a classification that would allow them to participate in any further settlement discussions. They must be allowed to intervene in the negotiations and the litigation, these players say, because no one is "protecting the interests and views of retired players whose demonstrable injuries go uncompensated in the settlement [proposal]."
The players filing in court on Monday include Sean Morey, a special teams player who played nine season for four teams; Alan Faneca, an offense lineman for the Pittsburgh Steelers who was selected for nine Pro Bowls; Ben Hamilton, an offensive lineman for the Denver Broncos and the Seattle Seahawks; Robert Royal, a tight end who played nine seasons with three teams; Rock Cartwright, a fullback and kick returner who played 10 seasons with the Washington Redskins and the Los Angeles Raiders; Jeff Rohrer, a linebacker who played seven seasons with the Dallas Cowboys; and, Sean Considine, a safety who played eight seasons with four teams.