Hernandez family suing Patriots because Hernandez had CTE

[SalemPats]

Everyone knows real men take their traumatic brain damage, suffer dementia at age 30 in silence, self-medicate with booze and opioids, break with reality, hit their wives, and shoot themselves. Damn millennials and their participation trophies.

Go live in a bubble and don't watch football if you're so worried

 

[Doctor DDS]

Seems like quite a reach to sue on behalf of his daughter instead of the estate just so they can avoid paying any civil suits brought by his victims.

That said, this will be a tricky case. Seems likely they will prove that his CTE was football related and that it leads to depression. Question is whether that will be enough to convince either the league to settle (seems unlikely as that opens up a can of worms) or a jury that football related CTE was the cause of his suicide vs other factors and the claim warrants compensation.

I find myself rooting for the league in this case.

 

[PatsFanSince74]

I know you’re being a wise ass, but you’re right it is for wimps. Or more accurately, trying to impose your wimpness on others through lawsuits, bans, shaming, is a real downer. Throughout history man has CHOSEN to engage in activities that have proven dangerous to their health (smoking, drinking, sports, mountain climbing, sky diving, extreme skiing, running with the bulls – I think you get the point). Why have we now become a society of studies, expert opinions, and mass hysteria seeking to take away an individual’s choice to engage in dangerous activities? If it’s for education, fine. If it’s to restrict individual choice, not fine. If it's to remove personal responsibility, not fine again.

I actually agree with nearly all of that, though I would have phrased much of it differently and wouldn't have characterized those who disagree in pejorative terms.

I think adults should have as few restrictions on their individual choices as a civilized society can tolerate, i.e., we can't go around killing or assaulting each other, we should stop at red lights, pay our taxes, not steal, etc. But, in general, the choices of mentally stable adults should be respected as long as they don't infringe on the well-being or rights of others, as that well-being and those rights are defined by a free society.

When I was a kid, people didn't know that smoking could kill you or, at best, would likely damage your long term health. Now we know that to be the case. But, that doesn't mean that adults shouldn't still be free to smoke as long as they don't do so in a way that exposes others unwillingly to harm and are willing to pay taxes on their cigarettes that, in part, help defray the costs to society of smoking-related illnesses in those who can't afford insurance. Because of the risks, society also has the right and obligation to restrict access to cigarettes by minors.

We now know the risks of excessive alcohol intake as well as the risks of obesity related to food intake. But, people are still free to eat themselves to death as long as society is willing to tolerate the related insurance costs (Diet-related, Type 2 Diabetes is now among the most prevalent diseases in the US) and to drink themselves to death as long as they don't get behind the wheel of a car and endanger others. Once again, society has the right and obligation to limit the access of minors to alcohol.

Mountain Climbing, Sky Diving, Extreme Skiing are all endeavors whose risks have been known for decades and, as long as they are undertaken responsibly, adults can do so at their own peril. Minors can do so with the permission of their parents or guardians.

Now, we're coming into a new age of awareness of the risks associated with "American" Football.

To me, this means that adults should be free to play the sport to their hearts' content, as long as they are fully aware of the risks.

But it also means that parents and guardians have the right to give or not give permission to their minor children to play the sport, depending on their own views. In addition, it means that leagues and teams for young people should have to disclose the risks associated with the sport to the parents who are giving that permission.

 

[Wordsmyth]

The burden of proof lies upon the accuser. I don't know how they can conclusively prove that the Pats are solely responsible for A-Perp's CTE.

 

[PatsDeb]

We will see the NFL become flag football in our lifetimes. The liability on this is too great.

IDK. The cynical lawyer in me says that the way the NFL fixes this is to have any player who comes into the draft or signs with a team sign a waiver that says CTE is now a known outcome for some players of NFL Football, that the player assumes all risk of harm in exchange for being allowed to enter the draft and/or sign with an NFL team, and that he agrees never to sue the NFL or any of its teams if he is allowed to enter the draft/play on a team. This of course assumes a settlement or a loss by the NFL of the present suits as they will be admitting that football causes CTE, at least for some.

 

[rochrist]

He had issues at Florida, which are fairly well documented at this point, so I'm not sure how far the case will go against the NFL, which can go screw for all I care. I'm just not sure if this one will be the one to hit the league hard on the CTE issue.

Did he murder anyone at Florida?

 

[rochrist]

Wasn't there already a billion dollar CTE settlement?

Is he due a piece of that money? How does that money get split going forward? Are players now told of the risk and it's play at your own risk now?

Really don't know how any of this works. Too much law too much science for me.

That only included players that were retired at the time. Which he wasn't.

 

[captain stone]

Did he murder anyone at Florida?

Nobody of whom we are aware, so far.

 

[rochrist]

Seems like quite a reach to sue on behalf of his daughter instead of the estate just so they can avoid paying any civil suits brought by his victims.

That said, this will be a tricky case. Seems likely they will prove that his CTE was football related and that it leads to depression. Question is whether that will be enough to convince either the league to settle (seems unlikely as that opens up a can of worms) or a jury that football related CTE was the cause of his suicide vs other factors and the claim warrants compensation.

I find myself rooting for the league in this case.

McCann says if it does go to court, the league will settle in a heartbeat. He doesn't think it's likely to make it to court though.

 

[mb6592]

The idea that you're making decisions without being compelled and with full information is just total fallacy

Like I said, I'm all for educating the masses. Where we depart is to what length do we make people responsible for educating themselves or not letting themselves be manipulated. I'm guessing your not a big fan of the doctrine of caveat emptor. It might not be great but it sure beats having lawyers, government, busy bodies protecting people from their "compelled, ignorant, uninformed" decisions.
Patriots WR Danny Amendola: CTE is 'in the back of my mind...but I know what I signed up for'

 

[primetime]

Like I said, I'm all for educating the masses. Where we depart is to what length do we make people responsible for educating themselves or not letting themselves be manipulated. I'm guessing your not a big fan of the doctrine of caveat emptor. It might not be great but it sure beats having lawyers, government, busy bodies protecting people from their "compelled, ignorant, uninformed" decisions.

If only we could go back to the days of 30 year life expectancies.

 

[mb6592]

I actually agree with nearly all of that, though I would have phrased much of it differently and wouldn't have characterized those who disagree in pejorative terms.

I know, I get so defensive, I'm sorry. My therapist yells at me for that.

 

[QuantumMechanic]

The burden of proof lies upon the accuser. I don't know how they can conclusively prove that the Pats are solely responsible for A-Perp's CTE.

They don't have to prove it "conclusively". They only have to prove it to 50.0001% certainty. Further, it doesn't have to be all-or-none. If the factfinder believes to a 50.0001% certainty that NE is 60% at fault then they'll have to pay 60% of what is being asked. Actually, if MA is a "joint and several liability" state, NE might have to cough up 100% of what is being asked even if the factfinder concludes that HS and college football caused some of the damage to Hernandez.

 

[Joker]

My therapist runs when he sees me...

 

[archstanton543]

His estate is suing because they want money. Nothing more, nothing less.

 

[captain stone]

My therapist runs when he sees me...

Smaht therapist.

 

[Tony2046]

Go live in a bubble and don't watch football if you're so worried

You missed the point of his and others post completely. It had nothing to do with any "tough guy" bull ****.

It had to do with billionaire dollar club guy ****ting on the football playing guy.

It's like knowing an entire city's drinking water was contaminated with lead and didn't say anything about it while kids were bathing and drinking that stuff. What do you say to that? "Suck it up and let the kids drink the stuff. It'll toughen them up"


It's like playing football thinking (because the NFL told you) that the risk is playing football is if you smash your head hard enough you could get brain damage. But now you're finding out that you could get a degenerative brain disease. Get it now?

Brain damage is one thing and degenerative brain disease is quite another. Degenerative brain disease means the damage continues to grow or spread until you die. There is no cure. It's a disease and not a "brain bruise". Your symptoms continue to get worse and worse long after the last hit to the head. The players did not know that. The NFL hid it. It has nothing to do with being a tough guy.

 

[QuantumMechanic]

His estate is suing because they want money. Nothing more, nothing less.

His estate isn't suing.

 

[RobertWeathers]

If only we could go back to the days of 30 year life expectancies.

LOL that was the Bronze Age.

All those Bronze football leagues back then must have been pretty rough and tumble.

 

[primetime]

LOL that was the Bronze Age.

All those Bronze football leagues back then must have been pretty rough and tumble.

I was exaggerating but only a little. Life expectancy in the western industrialized world was in the high 30s to low 40s as recently as the middle of the 19th century (let alone in the developing world), with heavy fluctuations for years of war and famine. Most of that rise and stabilization is attributable to that there meddling government (particularly sewer systems, but also agricultural subsidies, public health initiatives, regulation and dispersion of medicine, etc.).