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

Setec Astronomy

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Jun 15, 2012
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Good luck to him proving its 100% all NHL fault while intentionally ignoring that the NHLPA is to be blamed as well.

Dryden, Carcillo and the others (as well as whatever experts that are touting their cause) that are fighting things out in the media have the advantage of not being subject to cross-examination. The attorneys that represented the class had every incentive to get as large a judgement as possible. That they settled for relative peanuts means there is less to these cases than The Athletic and others sports outlets make them out to have.
 

gstommylee

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Jan 31, 2012
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Dryden, Carcillo and the others (as well as whatever experts that are touting their cause) that are fighting things out in the media have the advantage of not being subject to cross-examination. The attorneys that represented the class had every incentive to get as large a judgement as possible. That they settled for relative peanuts means there is less to these cases than The Athletic and others sports outlets make them out to have.

Yep. Trying win the case of public opinion. But once these players go in front of a judge to argue their claim, then the cross-examination will begin as well as discovery phase.
 

Tom ServoMST3K

In search of a Steinbach Hero
Nov 2, 2010
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What's your excuse?
Mike Peluso is suing the New Jersey Devils: Mike Peluso files federal lawsuit against Devils over head injuries | Read the full court filing

The lawsuit has given us a new classic paragraph and table:

Screen Shot 2019-01-04 at 11.31.36 AM.png
 

Setec Astronomy

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Jun 15, 2012
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Mike Peluso is suing the New Jersey Devils: Mike Peluso files federal lawsuit against Devils over head injuries | Read the full court filing

The lawsuit has given us a new classic paragraph and table:

View attachment 171939

He has a quality law firm representing him (it's the recently deceased ex-governor's firm). Still seems kind of flimsy in that it's trying to dress up a garden variety workplace injury claim as fraud, which courts generally don't let you do. Also in federal court, which is generally less plaintiff friendly than state court.
 

mouser

Business of Hockey
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Armourboy

Hey! You suck!
Jan 20, 2014
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I think part of his argument is though that they knew his brain was messed up but told him he was fine. I think he's accusing them of hiding just how bad his condition was.

The league just ignoring a problem and a team lying about a players physical health are two different balls of wax.

Now whether he has a case I don't know, but if they did lie to him about his condition that's pretty messed up.
 

Tom ServoMST3K

In search of a Steinbach Hero
Nov 2, 2010
27,751
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What's your excuse?
I think part of his argument is though that they knew his brain was messed up but told him he was fine. I think he's accusing them of hiding just how bad his condition was.

The league just ignoring a problem and a team lying about a players physical health are two different balls of wax.

Now whether he has a case I don't know, but if they did lie to him about his condition that's pretty messed up.

In lawsuit reporting, you have to remember only one side has told the story so far. The team has not replied to these claims.

I actually read through the lawsuit, and here is pretty much what this entire case will hinge on:

Screen Shot 2019-01-07 at 6.58.16 PM.png
 

LeHab

Registered User
Aug 31, 2005
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In lawsuit reporting, you have to remember only one side has told the story so far. The team has not replied to these claims.

I actually read through the lawsuit, and here is pretty much what this entire case will hinge on:

View attachment 173105

Ultimately should be up to the player to accept risks based on available data but if that data is withheld there is a problem. Will be interesting to see team's response for these allegations.
 

LadyStanley

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Sep 22, 2004
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Sin City
Concussion-related claim filed against CHL, WHL, Hockey Canada

Class action suit filed against CHL, WHL and Hockey Canada in BC.

Notice of a class-action lawsuit against the Canadian Hockey League, Hockey Canada and the Western Hockey League has been filed in the Supreme Court of British Columbia, claiming the leagues failed to enforce protocols for handling concussions and failed to provide players, parents and billet families with relevant health information about concussions.

The representative plaintiff for the claim, filed Wednesday, is James Johnathon McEwan, a 31-year-old native of Kelowna, B.C., who played an enforcer’s role during four WHL seasons between 2004 and 2008.

Spreading.
 

LadyStanley

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Sep 22, 2004
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Last night Sharks-Penguins played most of the game with only three on ice officials. Fourth official got a concussion.

It's not just players (and sometimes coaches, like Pete DeBoer who got hit last week by puck) who get concussions.
 

Llama19

Registered User
Jan 19, 2013
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Outside GZ
Holdouts could derail tentative NHL concussion settlement as deadline looms

To quote:

"“The way [NHL commissioner] Gary Bettman and the owners have handled this is so wrong,” said [Former LA Kings and NY Rangers Gene] Carr, who told of how he was sent back into games after suffering serious hits to the head and has received no acknowledgment of that. “They’ve denied everything. Shut-up money – that’s exactly what [the US$22,000] is. It’s disgusting.”"

Source: www.theglobeandmail.com/sports/hockey/article-holdouts-could-derail-tentative-nhl-concussion-settlement-as-deadline/
 

Tom ServoMST3K

In search of a Steinbach Hero
Nov 2, 2010
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What's your excuse?
'It's an insult': Former NHL players vow to reject...

Athletic paywall version. Lots of guys getting quoted they'll reject settlement.

Ugh, I keep meaning to pick up a subscription, but being a poor student suuuuuucks.

Does the article answer this question:

If it's such an insult and the players are so offended at the offer, why did their lawyers accept the offer instead of moving forward with litigation?
 

LeHab

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Aug 31, 2005
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If it's such an insult and the players are so offended at the offer, why did their lawyers accept the offer instead of moving forward with litigation?

They must feel this is the best deal they could negotiate for majority of plaintiffs. This has been dragging for a while but lawyers want to be paid. What we hear in the media is the more vocal (few?) players who may have a case for more damages and can pursue individual lawsuits. Perhaps many of those listed wouldn't pursue individual lawsuits so something is better than nothing. Lets see how many will actually opt-in and if the league will accept the number.
 
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LadyStanley

Registered User
Sep 22, 2004
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I think the lawyers on both sides were pressured to come up with a settlement in mediation. And the lawyers want to get paid.


The issue with the class status was around different states, different coverage. Not to mention different eras (of health coverage) the players played under.
 

LeHab

Registered User
Aug 31, 2005
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Deadline extended but majority of players are opting-in:

Charles Zimmerman, a lead attorney for players, said earlier in the day participation is "very good" so far, adding there were still some players who needed to be contacted for their decisions.
"The vast majority of eligible retired players have agreed to participate in the proposed NHL concussion settlement," players' lawyers said in a statement. "Plaintiffs' counsel, however, have encountered difficulties reaching some eligible retired players to discuss the settlement. Thus, at the request of plaintiffs' counsel, the NHL has agreed to extend the participation deadline to allow completion of those communications."
....
Reed Larson, who played 936 NHL regular-season and playoff games, said he signed on to be part of the settlement but understood why some players with serious health problems decided not to because the money wouldn't cut it for them. There is a clause in the settlement that allows the NHL to terminate it if 100 per cent of players don't accept, but Larson said lawyers are not concerned.
"They think everything will go ahead and move ahead and they don't see any reason why it won't," Larson said.

https://www.tsn.ca/concussion-lawsuit-settlement-deadline-for-players-extended-1.1243941
 
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