New Aaron Hernandez lawsuit filed against NFL, Riddell helmets

Lawsuit: “[Hernandez] made a perfect target for [NFL’s] concealment-conspiracy of football’s linkage to latent brain disease.”

The latest lawsuit filed by Aaron Hernandez’s family should strike fear in NFL Commissioner Roger Goodell and the NFL.

The new Hernandez suit, which was re-filed in Connecticut state court this week, alleges that the NFL and Riddell (the NFL’s helmet-maker) colluded to conceal the dangers of football. As a result of this concealment, the lawsuit argues, Aaron Hernandez exposed himself to traumatic brain injuries that would affect his psychology. Thus, the suit attempts to assign some of the blame for Hernandez’s homicidal behavior onto the NFL because the NFL failed to keep its players safe.

This lawsuit was brought on behalf of Hernandez’s 4-year-old daughter, Avielle, under a theory of “loss of parental consortium.” Loss of consortium cases are brought by a family member in an attempt to recover damages that stem from the loss of the deceased family member. Avielle is represented by the Baez Law Firm — the same law firm that successfully argued Casey Anthony v. State of Florida.

What is particularly striking about this new lawsuit are the claims that it alleges against the NFL in regard to the NFL’s knowledge of a link between the game of football and traumatic brain injury. Some of the more pointed quotes include:

"“Football-not concussions- but football, is potentially deadly and imminently dangerous… The defendants long-running conspiracy has been designed to insulate them all from litigation and financial responsibility.”"

Further, the complaint tears into the “sham science” that the NFL has used to justify it’s concussion crisis. It alleges that the NFL knew as early as 1961 that the sport was too dangerous; it also calls into question some of the studies that the NFL has used.

"“[The NFL’s doctor] focused on predictors of concussion… in dog brains.”“[Another NFL doctor] never even mentioned head injury… instead, he blamed these symptoms on football players wives’ treatment of their husbands but did not address the latent sequelae of brain injuries suffered by repetitive head trauma.”“[A third NFL doctor] relied on [his own] data, stating that there were only seven total concussions in the nine years of reporting data in his study.”"

When the complaint refers to Riddell, the NFL’s helmet maker, it doesn’t hold back.

"“By 1983…. [only some] helmet’s warnings were amended to state the following: Do not use this helmet to butt, ram, or spear an opposing player… NO HELMET CAN PREVENT SUCH INJURIES.”“Riddell… agreed to engage in a long-term plan to conceal material information about football’s link to CTE and other neurological/neurobehavioral conditions, while doing so in the name of solving safety problems for its game’s players.”"

What is also interesting about this case is that, when the case was re-filed in Connecticut, the plaintiffs removed the New England Patriots organization from the list of defendants. This could ultimately be because the Patriots might be attempting to work out a settlement with the parties.

Regardless of which side wins this case, ultimately, everyone loses.

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While Hernandez’s daughter serves to mitigate some of the economic stress that will come as a result of the loss of her father, there is no replacement for the loss of a parent.

Hernandez’s victims deserve justice as well; many of the victims and their families must be torn by any recovery that occurs in this specific case. Hernandez’s estate will be drained of revenue and any recovery by his victims will be limited as a result. Surely, they will not get any sense of justice if the estate offers nothing from which to recover.