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Aaron Hernandez's Estate Sues the National Football League for Lack of Parental Consortium

By Michael Kusi

Aaron Hernandez was a tight end who played for the New England Patriots of the National Football League (NFL) from 2010 to 2013. He was arrested on June 26, 2013 for the murder of Odin Lloyd, who was a semi-professional football player. The New England Patriots released Hernandez from the team after this arrest.

Hernandez was convicted on April 15, 2015 of first-degree murder for Lloyd's death, and was sentenced to life without the possibility of parole. He was also charged in the murders of Safiro Furtado and Daniel De'abreu. On April 14, 2017, Hernandez was found not guilty of those murders. On April 19, Hernandez was found dead in his prison cell. On May 9, Massachusetts Superior Court Judge Susan Garsh vacated Hernandez's murder conviction on the grounds of abatement ab initio, which is a legal doctrine that mandates dismissal of a conviction when the defendant has not finished his appeal when he dies.

On September 21, Hernandez's estate sued the NFL and the New England Patriots for Lack of Parental Consortium on behalf of his daughter, Avielle Hernandez. In the Complaint, filed with the United States District Court for State of Massachusetts, the plaintiff requests a jury demand and states that Aaron Hernandez had severe Chronic Traumatic Encephalopathy (CTE) as a result of playing in the NFL. The CTE was diagnosed by the School of Medicine at Boston University.

The Complaint states that there is a correlation between Aaron Hernandez's CTE and his actions leading up to his death. It also alleges that the NFL did not take sufficient remedial measures to combat the potential for CTE in its athletes. The Complaint asserts that the NFL was negligent in managing existing CTE cases, and that it knew the dangers of football, but misled the public and its athletes.

The plaintiff alleges that because of Aaron Hernandez's death, his daughter suffers from a loss of parental consortium, which is when a child suffers from a lack of parental relationship and injury occurs as a result. The Complaint states that the NFL should have stopped Aaron Hernandez from playing football due to its dangerous nature, and that because of his playing football, he was subjected to head trauma, which gave him CTE. The Complaint also depicts the link between the CTE and Aaron Hernandez's erratic behavior leading up to his death.

The Complaint requests a judgment against the defendants, compensatory and punitive damages, and attorney's fees and costs.

By Michael Kusi

Aaron Hernandez was a tight end who played for the New England Patriots of the National Football League (NFL) from 2010 to 2013. He was arrested on June 26, 2013 for the murder of Odin Lloyd, who was a semi-professional football player. The New England Patriots released Hernandez from the team after this arrest.

Hernandez was convicted on April 15, 2015 of first-degree murder for Lloyd's death, and was sentenced to life without the possibility of parole. He was also charged in the murders of Safiro Furtado and Daniel De'abreu. On April 14, 2017, Hernandez was found not guilty of those murders. On April 19, Hernandez was found dead in his prison cell. On May 9, Massachusetts Superior Court Judge Susan Garsh vacated Hernandez's murder conviction on the grounds of abatement ab initio, which is a legal doctrine that mandates dismissal of a conviction when the defendant has not finished his appeal when he dies.

On September 21, Hernandez's estate sued the NFL and the New England Patriots for Lack of Parental Consortium on behalf of his daughter, Avielle Hernandez. In the Complaint, filed with the United States District Court for State of Massachusetts, the plaintiff requests a jury demand and states that Aaron Hernandez had severe Chronic Traumatic Encephalopathy (CTE) as a result of playing in the NFL. The CTE was diagnosed by the School of Medicine at Boston University.
The Complaint states that there is a correlation between Aaron Hernandez's CTE and his actions leading up to his death. It also alleges that the NFL did not take sufficient remedial measures to combat the potential for CTE in its athletes. The Complaint asserts that the NFL was negligent in managing existing CTE cases, and that it knew the dangers of football, but misled the public and its athletes.

The plaintiff alleges that because of Aaron Hernandez's death, his daughter suffers from a loss of parental consortium, which is when a child suffers from a lack of parental relationship and injury occurs as a result. The Complaint states that the NFL should have stopped Aaron Hernandez from playing football due to its dangerous nature, and that because of his playing football, he was subjected to head trauma, which gave him CTE. The Complaint also depicts the link between the CTE and Aaron Hernandez's erratic behavior leading up to his death.

The Complaint requests a judgment against the defendants, compensatory and punitive damages, and attorney's fees and costs.

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This page contains a single entry from the blog posted on September 25, 2017 6:56 AM.

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