Dave Duerson’s family seeks delay for opt-out date in NFL concussion deal

Attorneys for the family of late Chicago Bears defensive back Dave Duerson filed an emergency motion Friday to delay the Oct. 14 deadline for retired NFL players and their families to opt out of the proposed NFL concussion deal.

The motion, filed in U.S. District Court in Philadelphia, seeks to have the date postponed until after the Nov. 19 fairness hearing on the settlement in front of U.S. District Judge Anita Brody.

“Many former NFL Players cannot, and will not, comprehend the ramifications of such a critical decision by that time,” the motion said.

The move is the latest in a growing legal conflict over the deal granted preliminary approval in July. Last week, another law firm filed a motion to take several depositions, including questioning the NFL about brain injuries and several lead attorneys for the retired players about the settlement negotiations.

The same firm that filed Friday’s motion, Chicago-based Corboy and Demetrio, previously sought to depose Christopher Seeger, lead co-counsel for the plaintiffs.

Another firm, representing the family of late Kansas City Chiefs and San Diego Chargers linebacker Lewis Bush, joined the call in court papers to delay the opt-out date, asking to do so until after the settlement is final.

“For those sophisticated enough to see through the empty rhetoric, there is no choice but to opt out,” their motion said. “But for the fairness hearing to live up to its name, the voices of class members whose valid claims were sacrificed for the sake of expedience must be heard.”

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