— A judge claims that the daughter of the player Aaron Hernandez missed a 2014 deadline to opt out of a $1 billion concussion settlement and ca sue the league within his identification of a degenerative brain disorder.

Yet Hernandez’s death in 2017 came too late for his family to find damages for suicides related under the class action settlement to chronic encephalopathy.

Hernandez spent three years with the New England Patriots before his 2013 arrest on the first of three homicide charges. He never returned to the .

U.S. District Judge Anita Brody in a ruling Thursday concludes he had been retired and therefore a part of this class. Family lawyer Brad Sohn says Hernandez had not retired along with his family members should be able to pursue a single lawsuit.

Hernandez killed himself. After his death, doctors found CTE had been advanced by the 27-year-old Hernandez.

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