NHL and concussions. Proposed settlement: $22k/player

[LadyStanley]

Previous thread
https://hfboards.mandatory.com/threads/the-new-and-improved-concussion-thread.822006/


$22k is nothing. I recall a recent quote that indicated the most expensive place to stay is hospital emergency rooms. While most mental care wouldn't be handled as an emergency, it's easily $5-10k/month for long term care. So that settlement would maybe cover two months.

Click to read more...

 

[Llama19]

The NHL's only concern is the bottom line...
It just goes to show...
When it comes to attorneys...
You get what you paid for...

Truly sad for the players in all of this...

 

[Setec Astronomy]

The NHL's only concern is the bottom line...
It just goes to show...
When it comes to attorneys...
You get what you paid for...

Truly sad for the players in all of this...

Well, class actions generally are all about what the plaintiffs' lawyers get in the end.

Still, it was the plaintiffs' lawyers that accepted the settlement, and they are not allowed to do that without the consent of the lead plaintiffs (presumably ex-players who suffered concussions), the NHL and the court. If there are individual players that feel their damages are more substantial, they can opt out of the class and pursue their own lawsuits. My guess though is not many will.

The bigger problem is that the media people that cover these things -- sportswriters -- have no idea what they're talking about and are predisposed simply report what supports their predetermined narrative. That is, sportswriters and journalists in general have this idea that there are hundreds if not thousands of ex-hockey players out there that are borderline drooling vegetables because of concussions. It's just not the reality.

The other thing to keep an eye out for is fraud in ex-players making claims on the settlement fund. It hasn't received much attention, but there has been a ton of it in NFL concussion suit. One example is an ex-player being coached by an attorney to show up to an examination hungover and on valium.

'Probable' Fraud By Lawyers, Docs In NFL Concussion Settlement, But Investigator Not Appointed

 

[LadyStanley]

But Setec, this isn't a class action suit. Judge denied that motion to combine suits.

 

[Setec Astronomy]

But Setec, this isn't a class action suit. Judge denied that motion to combine suits.

Two separate concepts, unless you mean that the judge didn't certify the class. This was filed as a class action suit, and the letter that the players' lawyers sent to the players makes it sound like it still is.

 

[LeHab]

Well, class actions generally are all about what the plaintiffs' lawyers get in the end.

Still, it was the plaintiffs' lawyers that accepted the settlement, and they are not allowed to do that without the consent of the lead plaintiffs (presumably ex-players who suffered concussions), the NHL and the court. If there are individual players that feel their damages are more substantial, they can opt out of the class and pursue their own lawsuits. My guess though is not many will.

My understanding is that while the certification for class-action was denied, proceedings were not dismissed. Both parties continued negotiating reaching a yet to be approved settlement on behalf of initial plaintiffs. Opting-in will results in forfeiting right to take part in any future similar legal actions.

There is a base compensation (22K) for anyone in the initial lawsuit with provision for more for those who can prove more harm.

 

[Tom ServoMST3K]

NHL players were always going to be dissapointed with a settlement.

If you polled NHL players today, they would revolt if you tried to get fighting out of the game. Imagine what safety measures players back then would be against. Im not sure the NHL could have introduced stronger safety measures if they wanted to.

 

[BattleBorn]

NHL players were always going to be dissapointed with a settlement.

If you polled NHL players today, they would revolt if you tried to get fighting out of the game. Imagine what safety measures players back then would be against. Im not sure the NHL could have introduced stronger safety measures if they wanted to.

The players that would revolt today have significantly more information than the players of the past, which makes their decision a little more meaningful, IMO. They're also a lot better compensated than in the past.

If this is the way it's mutually resolved, so be it.

 

[Ernie]

so this is basically just the law firm bailing on their clients because a trial would be too expensive? shameful.

Another win for the US legal system.

 

[jkrdevil]

Well it would be expensive for the players because they would likely lose at trial.

This was always going to be an uphill battle for the players. I’ve worked with some of the lawyers who were involved in the NFL lawsuit (on the plaintiffs side). If you ask them truthfully they said that had the NFL chosento litigate the case and gone to trial the players would have lost. The big reason is because it would have been difficult is because for most of the players they spent (and were likely first) concussed before they got to the NFL in college and high school.

In the NHLs case most of these guys involved played a significant portion of their careers in the AHL, in Europe, in junior or college. The NHL probably also wasn’t involved in the quack sciences as much.

The NFL settles to get rid of the publicity. The NHL in that regard is a little bit more shameless, which removed that pressure point as well.

 

[LadyStanley]

So, it seems there officially is a deal.

Sounds like $$ for testing for the most part.

 

[LadyStanley]

More deets

 

[LadyStanley]

Tentative settlement reached in NHL concussion lawsuit
Tentative settlement reached in NHL concussion lawsuit

AP story

Attorneys for the retired players say the settlement includes a cash payment for players who choose to participate; neurological testing and assessment for players paid for by the league; an administrative fund to pay for the costs and up to $75,000 in medical treatment for players who test positive on two or more tests.

The settlement would also set up a ''Common Good Fund'' available to support retired players in need, including those who did not participate in the litigation.

And still no admission of guilt/responsibility.

 

[a79krgm]

Does anyone know who are all the players listed as beneficiaries? Or has that not been determined yet. I've heard of some players like Mark Hardy, Ian Turnbull and Reed Larson.

I would really hope guys like Matt Johnson and Joe Murphy could get something out of this.

 

[LadyStanley]

List TBD. 300+ have filed suit. There's like 75 days for claimants to opt into to settlement.

 

[GuelphStormer]

I dont know the specifics, but on the surface, this ...

NHLPA executive director Don Fehr told reporters in Toronto. "I’m glad for the parties that it’s all over. Hopefully people can go on with their lives and now we can perhaps deal with these issues with the NHL without having to worry about the effect on the litigation."

seems like a very irresponsible thing to say.

 

[Llama19]

Concussion rates in hockey rise as the sport gains popularity in Arizona

To quote:

"In recent years, ice hockey’s popularity has grown in Arizona with youth participation jumping by 88 percent — to 4,500 players statewide, including 800 girls.

The growth of the sport has come with a spike in brain injuries as well.

A 2016 study found that 9.3 percent of youth ice hockey players sustained a concussion and that players from 12 to 14 years old are twice as likely to sustain a concussion as older players.

“When we look at ice hockey concussion injuries, we are seeing the player to player contact, better known as checking, as the biggest issue. Knocking someone into the boards,” [One of the nation’s experts on the diagnosis and treatment of concussions and other forms of brain injury, Dr. Javier] Cárdenas said.

Hockey’s growing popularity is a stark contrast to youth football, which has seen progressively declining numbers attributed to concussion concerns among parents."

Source: ktar.com/story/2305891/concussion-rates-hockey-rise-sport-gains-popularity-arizona/

 

[Tom ServoMST3K]

I dont know the specifics, but on the surface, this ...

seems like a very irresponsible thing to say.

Here's how I read between the lines on that statement.

"Thank god the NHLPA wasn't named in this thing."

 

[LadyStanley]

'We're not done here': NHL alumni head vows to continue concussion fight
'We're not done here': NHL alumni head vows to continue concussion fight

Sounds like the alumni association may have taken up the banner.

 

[Fenway]

This is not the end by any means

Perhaps the most controversial element of the settlement is not the details of the settlement itself, but the statement that was released by the NHL, which, according to Zimmerman, was a negotiated document between the two sides (after a bitter debate, according to at least one report).

The statement concludes with the opening line in the final paragraph: The NHL does not acknowledge any liability for any of Plaintiffs’ claims in these cases.


What NHL concussion suit settlement means and why the fight...

In the simplest terms, this proposed settlement allows the NHL to avoid further litigation in these particular suits, assuming all the plaintiffs opt in to the settlement agreement. Anyone that opts in to the settlement can no longer pursue their claim against the NHL.

The amount earmarked for payment to the players, approximately $7 million, amounts to roughly $22,000 per player. Attorney fees will also be paid for, as will further medical testing. Depending on the outcome of said testing, which will include a specialized battery of neuropsychological and other psychological assessments, players will be eligible for up to $75,000 in medical cost reimbursement, which would come out of the $1.1 million set aside as part of the “Additional Payment Fund.”

“The goal of the case was always to get medical testing and treatment, so we achieved that goal,” Zimmerman said. “What we didn’t achieve was a class action, where we could do it for the entire group of retired players. Therefore, if we couldn’t do it for the entire group of retired players, we have a smaller cohort that we’re dealing with. And so, that was disappointing to me, that we couldn’t do it for the entire group. But I’m happy with what we were able to accomplish for the smaller group we had and the people that did come forward.”

According to Edelman, the settlement is a positive event for the league, as it allows the NHL to make certain the amount of money they have to pay out (at least immediately) and remove one significant pending source of litigation by the players. Meanwhile, the players who are in need of immediate medical care will now have funds to do so.

“Settling is the quickest way to get this money,” Edelman said. “Many of these are player who participated upwards of a generation ago, at a time when salaries were substantially lower. Many of these players are in critical need for medical care. By settling the case, it will facilitate the payment to these athletes in a short period of time thus allowing them to pay for the medical care they so desperately need.”

 

[LadyStanley]

Daniel Carcillo wants his day in court with NHL

Carcillo won't accept the settlement and plans to go to court. (Paywall)

Carcillo, one of the 146 listed plaintiffs in the collection of lawsuits, went to review the merits of his case against the league in which he amassed 429 games over his eight-year career and determine his next step. They reviewed all of his previous concussions, some of which he remembered, some of which he did not.
...
Meeting with his lawyer forced him to confront some of the harrowing realities that may unfold in his future. In the first year following his retirement, Carcillo saw his grandmother deteriorate from Alzheimer’s before her death and his grandfather die while trying to take care of her. Carcillo knows he will likely have to be screened for the genetic marker APOE, which would mean he is increasingly susceptible to the neurodegenerative diseases he believes he’s already at risk for, as a result of the number of traumatic brain injuries he suffered.

But despite the fear and anxiety and vulnerability this causes, Carcillo knows he is now enlisted in a worthy cause, one that he feels destined to fight. And it is because he feels this responsibility he is determined to see this thing out.

Carcillo will not opt in to the proposed settlement that was recently brokered between the NHL and more than 300 former NHL players. Instead, Carcillo wants his day in court.

So, this will continue with at least one player.

Wants accountability and league to admit culpability (in not informing players of risks). Any monies won will be donated to concussion research.

 

[LadyStanley]

Another interesting point from Carcillo article, NHL can cancel settlement if enough players don't opt in.

 

[LadyStanley]

Former Blackhawk Daniel Carcillo calls NHL concussion settlement 'insulting'

Chicago Tribune story of Carcillo's decision

 

[Llama19]

Will the NHL concussion settlement change anything?

In 2013 a group of hockey players launched a lawsuit against the NHL alleging that the league failed to protect players from head injuries or warn them of the risk of playing. A tentative settlement between the NHL and more than 300 players has now been reached. Will this make players safer? And will it help the future of the league? TSN senior correspondent Rick Westhead explains.

Source: www.cbc.ca/radio/podcasts/front-burner/

 

[LadyStanley]

31 Thoughts: Bettman has ‘no interest’ in NHL playoff expansion - Sportsnet.ca

Friedman snippet:

20. The NHL won’t discuss its concussion-suit settlement until it knows what the eligible players choose to do. Daniel Carcillo is on record as saying he will continue to pursue his day in court, and Dennis Maruk told CBC he won’t opt in. It’s a difficult spot for them, because many will want to take the settlement money and, if the number who do isn’t high enough, the league could choose not to proceed. In the end, there just wasn’t the unity among the hockey players as there was in the NFL. The football settlement involves almost 20,000 people, the hockey one slightly more than 300. There are going to be lingering hard feelings about that. (People who compare the NFLers getting $1 billion to the NHLers’ $19 million need to take those totals into account.)

Not getting the class-action certification was a devastating blow, and no doubt the plaintiff lawyers were concerned about getting paid. If you’ve read the excellent League of Denial, you’re aware that there was much more evidence against the NFL than has been found against the NHL to this point. It is also a reminder that Bettman/the NHL will not back down from very public, very hard body blows.

And hopefully (if this goes through), there won't be the issues the NFL had about payouts, etc. (thought #21).