Trauma study puts suit into play
Door could open slightly to bring case against NFL
If Boston University researchers find that Aaron Hernandez was suffering from a football-related brain injury, the former New England Patriot’s estate may be able to sue the NFL, or even the NCAA, for subjecting him to head trauma — but it won’t be easy.
Hernandez’s family is having his brain tested for signs of chronic traumatic encephalopathy, or CTE, the degenerative brain disease found in athletes with a history of repetitive head injuries. This disease was the centerpiece of a massive $1 billion NFL settlement in which qualifying retired players could get payouts.
But Hernandez, who was arrested during the summer of 2013 for the murder of Odin L. Lloyd, likely wouldn’t be eligible for any of that cash because he wasn’t diagnosed with CTE before April 22, 2015 — the cutoff date set by the settlement agreement.
That means his estate would have to sue the NFL and argue that Hernandez never retired and should not be subject to the terms of the settlement. The league, in response, would say that he effectively retired the day he was arrested for murder and has no right to a single penny.
“If they want to bring a separate lawsuit, not part of the settlement, the NFL might argue that he can’t — that he’s part of the settlement class,” said Daniel Wallach, a sports law attorney. “They could argue he was effectively retired, and that would preclude him from getting any of the settlement.”
Hernandez’s team, however, could turn around and argue that he was still fighting for his freedom in the courts and that if he had been acquitted, an athlete in his 20s would have been happy to lace up the cleats for an NFL team.
“His lawyer is going to have to argue that he never retired and that they were confident that they could get the case overturned,” said Eugene Egdorf, an attorney who is suing the NCAA in CTE-related lawsuits. “They would have to argue that he is not part of the settlement and that they are free to sue the NFL, the Patriots and others.”
The other option for Hernandez’s estate would be to go after the NCAA. The governing body for college athletics doesn’t have NFL-style settlement agreement, and could be ripe for suit if Hernandez’s attorneys can prove his head trauma stemmed from his days at the University of Florida.
“He can argue that his college football career led to his CTE, if the Boston University folks find it,” Egdorf said. “He isn’t time-barred, there is no settlement agreement and he wasn’t diagnosed with anything until his autopsy. His lawyers could file that suit.”