A New York Court issued a very favorable ruling on behalf of the family of a deceased NFL player, that has important implications for plaintiffs pursuing CTE claims. Read the Opinion Here
“This type of latent disease is comparable to asbestos cases where the injury occurred outside of the statute of limitations period, however, the manifestation of the disease or illness is not developed or detected until years layer. If plaintiff was suffering from a latent condition, and the ability to diagnose the condition is not available until the death of the injured party, then under the discovery rule the cause of action arises upon the discovery of the latent disease, i.e., at the time an autopsy is performed.”
This is substantially similar to the arguments advanced by the WWE wrestlers.