Please ensure Javascript is enabled for purposes of website accessibility
Judge: Hernandez's Child Can't Sue NFL Over Brain Disease
gvw_ap_news
By Associated Press
Published 6 years ago on
February 15, 2019

Share

PHILADELPHIA — The 6-year-old daughter of the late NFL player Aaron Hernandez missed a 2014 deadline to opt out of the league’s concussion settlement and can’t separately pursue a $20 million suit over his diagnosis of a degenerative brain disease, a judge ruled.
Yet Hernandez’s death in 2017 came too late for his family to seek up to $4 million in compensation for suicides related to chronic traumatic encephalopathy under the class action settlement.
Hernandez spent three years with the New England Patriots before his 2013 arrest on the first of three homicide charges. The Patriots terminated his $40 million contract, and he never returned to the NFL.
U.S. District Judge Anita Brody in Philadelphia — where lawsuits were consolidated alleging the NFL hid what it knew about the risks of concussion injuries — ruled Thursday that he was effectively retired and therefore, along with his family, bound by the class action settlement for NFL retirees.
Under terms of the concussion settlement, the judge said, “The crux of the issue is whether Hernandez was ‘seeking active employment’ as an NFL football player as of July 7, 2014. He was not. On this date, Hernandez had been imprisoned — without bail — for nearly a year.”

Doctors Later Found Hernandez Had Advanced CTE

Family lawyer Brad Sohn argued that Hernandez had not retired but hoped to be exonerated and return to the league. His daughter, Sohn said, should therefore be able to pursue her “loss of consortium” lawsuit in her home state of Massachusetts.

“No matter what anybody wants to say about Aaron Hernandez . she will have to live with the fact that she doesn’t have a parent for the rest of her life. It remains our position that the NFL is responsible for the damages that she has because of his CTE.” — Family Lawyer Brad Sohn
“No matter what anybody wants to say about Aaron Hernandez . she will have to live with the fact that she doesn’t have a parent for the rest of her life,” Sohn said Friday. “It remains our position that the NFL is responsible for the damages that she has because of his CTE.”
Hernandez was convicted in the first homicide case in 2015 but acquitted of an unrelated double homicide in April 2017. He took his life days later in prison. His conviction was later overturned because he died before exhausting his appeals.
Doctors later found the 27-year-old Hernandez had advanced CTE on a level not previously seen in someone that young.
Sohn, in a brief in the case, called Hernandez “a generational talent” but said he “entered the NFL in 2010, even though (and amidst everyone’s full knowledge that) he had been investigated for ties to a brutal 2007 shooting. The NFL paid no mind to this and let him play.”
The daughter involved in the lawsuit is the child of Hernandez’s fiancee, Shayanna Jenkins.
“A.H., a child, committed no crime nor asked to be born into such tragic circumstances,” Sohn wrote.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

California Proposes Allowing Testing of Self-Driving Heavy-Duty Trucks

DON'T MISS

Higher Taxes on Millionaires? Trump Says He’s Open, but Many in His Party Are Not

DON'T MISS

Ex-US Rep. George Santos Sentenced to Over 7 Years in Prison for Fraud and Identity Theft

DON'T MISS

Selma Mayor Charged With Electioneering Violation on Election Day

DON'T MISS

Fresno Air Improves. Where Does It Rank in the US?

DON'T MISS

As Harris Ponders Run for CA Governor, Is She Prepared for the Daunting Job?

DON'T MISS

Stocks Rise With Tech-Related Shares, Notch Weekly Gains; Dollar Up

DON'T MISS

Conflicting US-China Talks Statements Add to Global Trade Confusion

DON'T MISS

Driving Near the Fresno Airport Next Week? Plan for Road Closures

DON'T MISS

Misty Her: Push for Fresno Unified Turnaround Starts Now With ‘Boots on the Ground’

UP NEXT

Chargers Choose North Carolina RB Omarion Hampton in Effort to Boost Offense

UP NEXT

49ers Draft Georgia Edge Rusher Mykel Williams With the No. 11 Pick in the NFL Draft

UP NEXT

Yastrzemski and Chapman Homers Help Giants Rally Past the Brewers

UP NEXT

Chicago Bears Great Steve McMichael Dies at 67 After Battle With ALS

UP NEXT

Long Wait Is Over for Cam Ward, Travis Hunter and Other Draft Prospects Joining the NFL

UP NEXT

Golden State’s Jimmy Butler Injured in Game 2 Loss, His Status for Game 3 Unknown

UP NEXT

Crow-Armstrong Goes Deep Again as Cubs Edge Dodgers

UP NEXT

Jalen Green Makes Eight 3s to Help Rockets Even Series With Warriors

UP NEXT

Webb, Flores Come Up Big as Giants Clip Brewers

UP NEXT

Yelich’s 5th Career Slam and Bauers’ 2-Run Homer Power the Brewers to Win Over the Giants

Selma Mayor Charged With Electioneering Violation on Election Day

2 hours ago

Fresno Air Improves. Where Does It Rank in the US?

3 hours ago

As Harris Ponders Run for CA Governor, Is She Prepared for the Daunting Job?

3 hours ago

Stocks Rise With Tech-Related Shares, Notch Weekly Gains; Dollar Up

4 hours ago

Conflicting US-China Talks Statements Add to Global Trade Confusion

4 hours ago

Driving Near the Fresno Airport Next Week? Plan for Road Closures

4 hours ago

Misty Her: Push for Fresno Unified Turnaround Starts Now With ‘Boots on the Ground’

5 hours ago

Fresno Police Arrest 17 in Domestic Violence Crackdown

5 hours ago

What’s Next for Fresno Smoke Shop Ordinance: Lawsuit, Veto, Override?

6 hours ago

Visalia Man Sentenced to Life in Prison for 2019 Fatal Stabbing

6 hours ago

California Proposes Allowing Testing of Self-Driving Heavy-Duty Trucks

LOS ANGELES — California regulators have released a new proposal to allow the testing of self-driving heavy duty trucks on public roads. The...

2 hours ago

2 hours ago

California Proposes Allowing Testing of Self-Driving Heavy-Duty Trucks

2 hours ago

Higher Taxes on Millionaires? Trump Says He’s Open, but Many in His Party Are Not

2 hours ago

Ex-US Rep. George Santos Sentenced to Over 7 Years in Prison for Fraud and Identity Theft

Selma Mayor Scott Robertson (left) has been charged with misdemeanor electioneering for allegedly campaigning near voters at a polling place during the November 2024 election. (Facebook)
2 hours ago

Selma Mayor Charged With Electioneering Violation on Election Day

3 hours ago

Fresno Air Improves. Where Does It Rank in the US?

3 hours ago

As Harris Ponders Run for CA Governor, Is She Prepared for the Daunting Job?

4 hours ago

Stocks Rise With Tech-Related Shares, Notch Weekly Gains; Dollar Up

A drone view shows containers at the terminals at the port in Kwai Chung in Hong Kong, China, April 3, 2025. (REUTERS/Tyrone Siu/File Photo)
4 hours ago

Conflicting US-China Talks Statements Add to Global Trade Confusion

Help continue the work that gets you the news that matters most.

Search

Send this to a friend