Former NFLer Steve Smith has been chosen by the counsel representing thousands of NFL retirees in the concussion litigation to replace the late Kevin Turner as class representative. The disclosure was made in a letter sent yesterday afternoon to the Third Circuit Court of Appeals by the counsel for the representatives. The court asked the counsel after Turner’s death on March 24 to name a replacement. “We intend to seek to substitute Steve Smith, who has ALS, as the Subclass 2 Representative,” wrote Dianne Nast of NastLaw. The litigation has two classes, those who already suffer from injuries allegedly caused from playing in the NFL and those who do not. Turner was the representative for those with maladies. The appeals court has to rule on the settlement of the ligation, which was approved last year by a lower federal district court. Smith played for the Seahawks and Raiders during his nine-year career. In a separate filing, Turner’s father filed to say he would represent his son’s interest as head of his estate. However, it is unclear what benefits Turner might receive from the proposed settlement, even if his brain is found to have had CTE. Only those who died before the lower court approved the settlement are eligible for death by CTE benefits. That is unless the appeal court orders a change.
