PHILADELPHIA (AP) — A last-minute appeal in the NFL concussion case is sending the proposed settlement to the U.S. Supreme Court and delays payouts for at least several months. The family of late Buffalo Bills fullback "Cookie" Gilchrist wants the high court to revisit the debate over the brain injury known as chronic traumatic encephalopathy or CTE.

The appeal filed Monday by son Scott Gilchrist calls it "irrational" that a federal judge in Philadelphia excluded future payouts for CTE from the potential $1 billion settlement, though the science continues to develop.