>> reporter: kevin henry played eight seasons in the nfl. >> that's a good clean hit. orr:e the leaguee says is a double standard when it comes to race and the concussion settlement. >> i'm banged up. i'm beat up. and the part that you don't see is up here. you don't see how my brain is beat up. they don't hit me less or harder because i'm black. >> reporter: kevin henry and another former player, najeh davenport, are suing the nfl accusing them of avoiding paying head injury claims based on a formula that discriminates on the basis of race. the formula, they say, assumes black players start at a lower cognitive level than white players, making it harder for black former players to qualify for compensation. it's a controversial practice called race norming in which test results are adjusted to account for supposed differences between demographic groups. >> there's a assumption that people of different races, especially black people, that their bodies function differently. >> reporter: and while the nfl insists the formula is optional, an abc news investigation has found that some clini

>> yeah. >> reporter: kevin henry says daily life is a constant struggle. >> it takes everything in meo keep from crying, man. i just want to be -- i just want to be looked at the same way as a white guy. >> so, let's bring in ryan smith tonight. and ryan, where does this lawsuit stand tonight? the case still being litigated? >> reporter: yes, david. the players onhe nfl's motion to dismiss the case. david, as of now, the nfl's received 3,000 claims for compensation and paid out about 1,200 of them to former players and their families, toe tachling $800 million. but the nfl has denied requests to release demographic data on those receiving settlements. david? >> ryan, thank you. and we will have much more on this investigation later tonight on a special edition of "nightline," that's later tonight, right here. >>> in the meantime, when we come back on "world news tonight," we're tracking those two new storms, including another possible nor'easter. we'll time it out for you. but we also write. do c, [szasz] we take care of ourselves constantly; it's important. we walk three to five time

concussions or more and that's not even counting practice. >> reporter: after his time in the league, kevin henryays he began suffering from depression, memory loss and bouts of anger. in 2017, he underwent a series of tests. a doctor determining that henry was suffering from a cognitive decline consistent with mild dementia. so he submitted a claim to the landmark 2013 nfl concussion settlement program. what was the result of the claim you filed? >> i was denied. >> reporter: the claims administrator stated that there were "issues related to validity" of the tests and asserted that the evaluation "used inappropriate norms." >> the effect of using this race norm for the nfl is that it drastically limits the amount of damages they're going to have to pay out. >> reporter: how did you react when you learned that there was a different standard being used for black players to get benefits as compared to white players? >> i felt so betrayed and i still feel that way. >> reporter: emails exclusively obtained by abc news appear to show several neuropsychologists who work with the nfl privately discussin

you have to do whatever it takes to stay up there, stay on that field. >> kevin henry in there -- >> reporter: henry played for eight seasons, making 14 career sacks, even going on to play in super bowl xxx. but at the age of 33, the bright lights of the stadium and the roar of the crowds came to an end. and like many other former players, henry struggled in retirement, battling what he suspected were the long-term effects of the concussions he sustained on the field. >> i get a lot of headaches. every morning, i have a headache. it's just a number of things, man, that a player goes through, man. after football, life after football is not fun. it's not fun. >> who wants to live like that? it's horrible. it's just sad to see. it just breaks my heart, it really does. >> rep un ncne aut hlfuenry and wife turned to the landmark 2013 nfl concussion settlement program. which paid eligible former nfl players suffering from the lingering effects of multiple head injuries. in 2017, henry went in to get a battery of tests to measure his cognitive functioning, assessing language, learning, and m

kevin, and thank you to all of those who are joining us. gene, it's wonderful to have you with us tonight. >> thank you. >> i'm really excited about this. i think benjamin henry latrobe is one of those important figure some early america that i have really know that much about and perhaps that's true of many of our audience as well. kevin mentioned several of the previous books you have written on a variety of topics and they don't necessarily seem to lead to latrobe, so it always curious about how authors come to find the subjects. how did you get interested in latrobe? >> well, it's been a long road. i live in baltimore and latrobe has had an important effect on our cityscape. he designed our wonderful basilica. he designed a huge merchants exchange, and there are several latrobe folks who have had an impact on baltimore's history. and as i age to come at a guess that something that everybody does, i decided that i wanted to stay home. no more of those long, lonely research trips, especially illinois. and the bulk of all of latrobe's papers is at what it used to call the maryland historical society, but they changed their name during the pandemic and they a

kevin seconds. so there is a motion and a second for commissioner tam for vice president. is there any public comment on this item? >> no one is on the line. >> okay. seeing none, do a -- >> sorry. henry just raised his hand. >> okay. >> henry, you have been unmuted. >> okay, great. i just want to say congratulations to commissioner mccarthy and commissioner tam. i know commissioner mccarthy has been at this a long time and is trying to do the best he can. congratulations. and to all of the commissioners on this commission, thank you for all of your hard work. thank you. >> okay. great. thank you. so there is a motion on the table to nominate commissioner tam for vice president. and i'll do a roll call vote on this motion. president mccarthy? >> yes. >> commissioner bock? >> yes. >> commissioner alexander tuk? >> yes. >> commissioner beto? >> yes. >> commissioner clinch? >> yes. >> commissioner jacobo? >> yes. >> and commissioner tam? you have to unmute yourself. >> yes. >> okay. thank you. congratulations. this motion carries unanimously. commissioner tam is vice president. >> and thank you, commissioners, for your comments. and i look forward to, as i said in my comments, to getting