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The NFL is going to fight back against assertions made in the Aaron Hernandez CTE lawsuit

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Updated September 22, 2017 05:43 PM EDT

The NFL responded to news of a lawsuit concerning the posthumous CTE diagnosis of former New England Patriot Aaron Hernandez by saying they would "vigorously" contest any claims made, reports CBS Sports.

The NFL also noted that there is a major challenge with the lawsuit, namely that Hernandez, before his suicide in April, had not opted out of a concussion settlement with the league. By not doing so, he gave up the right to "sue the NFL parties."

"By not opting out, his daughter is now bound by the terms of the settlement," David S. Weinstein, a partner at the firm Hinshaw & Culbertson, told USA Today Sports. "The NFL and Patriots have an easy road to dismissal."

Tests that were run on former NFL star Aaron Hernandez's brain revealed that the football player was suffering from advanced chronic traumatic encephalopathy before his death in April, reports ESPN. Hernandez's daughter is now suing the NFL and the New England Patriots for convincing Hernandez that the sport was safe.

Hernandez's lawyer, Jose Baez, said in a press conference at his office on Thursday that the tests confirmed that the player was suffering from one of the most intense cases of the disease ever recorded.

"We're told it was the most severe case they had ever seen for someone of Aaron's age," Baez said.

Dr. Ann McKee, who directs the CTE Center at Boston University, said that the degenerative disease in Hernandez's brain was in its third of four stages.

Hernandez's daughter, Avielle, filed a lawsuit in federal court in Boston on Thursday accusing the NFL of depriving her of her father's companionship.

An NFL spokesman declined to comment on the matter, saying that the organization had not yet reviewed the lawsuit.

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