On Nov. 25, nine retired NHL players filed a class-action lawsuit against the NHL for failing to protect players from the effects of repeated brain trauma due to concussions. The number of players involved has since increased to 200.
The original suit alleges that the NHL knew, or should have known, about the dangerous effects of repeated concussive injuries to players’ brains, and negligently failed to provide that information to players and take steps to protect them from getting hurt.
Lawyers Steve Silverman and Mel Owens are leading the case, and reported the increase in plaintiffs within two days of the lawsuit being filed. Owens explained that there were no attempts to recruit players into joining, save for the messages he sent out on Twitter to alert former players of the suit.
The focus on concussions sustained through contact sports is not new, according to the claim.
The claim references pathologist Harrison Martland, who published a study that linked “sub-concussive blows sustained by boxers to injuries ranging from mild concussions to degenerative brain disease” 85 years ago.
Such studies continue worldwide.
The claim states that the NHL took no interest in the issue until 1997 when they instituted the “Concussion Program,” which “initiated baseline brain testing for its players and required its team doctors and trainers to maintain records of all players believed to have suffered concussions.”
The plaintiffs say that this program did not actually protect the players. They claim that the program had no effect until 2011—14 years after the program began—when a report was published that “discussed only the number of concussions in the NHL for the regular seasons from 1997–2004.”
The claimants suggest that the league deliberately chose to disregard the empirical data from its own studies. They allege that by participating in research, the NHL had a responsibility to not “continue complacently with the same conduct that nurtured violent head trauma while advancing the NHL’s financial and political interests.”
Commissioner Gary Bettman stated in 2011 that more research was needed to conclusively link concussions to the kind of brain injuries that are now being outlined in the lawsuit.
Concussion studies ongoing
A local study of brain injuries is being run by Michael Goytan, head of the Winnipeg Spine Program and assistant professor of orthopaedics and neurosurgery at the University of Manitoba. The study is being conducted in collaboration with St. Paul’s High School, the Pan Am Clinic Foundation, and the University of Manitoba via the Health Sciences Centre.
The study seeks “to determine whether neck strength and aerobic capacity are predictors in the prevention of concussions,” said James Schroeder a wellness co-ordinator and athletic therapist at St Paul’s High School. He said that concussions are a serious concern for players, but that the environment for afflicted players is significantly better than it used to be.
“There has been a lot more concussion awareness in the last few years, and players are being removed from games by their coaches or medical training staff when they experience symptoms on a more regular basis. [ . . . ] The old style of thinking where coaches tell athletes to ‘suck it up’ after a head injury is fading and becoming less common.”
According to Schroeder, a frequent problem still persists amongst athletes, who do not always report their concussion symptoms to coaches or doctors—particularly if they are milder in nature—due to a fear of being removed from the competition, he encourages all athletes to look for a Personal Injury Lawyer West Palm Beach if they have suffered from any injuries.
“They still face pressure to play through symptoms, as they do not want to lose their spot on their team, and they want to continue to earn their living as a professional athlete.”
Some head injuries involve a lengthy recovery time
Sixteen-year-old David MacDonald, a St Paul’s first division hockey team player, received two major concussions while playing in the 2011-2012 hockey season.
“The first concussion left me with symptoms lasting approximately three months. Sensitivity to light and sound were big issues with that one, [as well as] constant headaches. [ . . . ] [The] second concussion at the end of the season left me with symptoms for around six and a half months.”
Other symptoms included blurred vision, difficulty with memory, dizzy spells, and balance problems.
Liam McLeod, another 16-year-old hockey player for St Paul’s, suffered head and neck injuries on Apr. 6, 2011 when he was knocked unconscious after falling into the boards. He missed 10 days of school and required six months to fully recover.
While both boys said they are physically fine now, MacDonald noted that his injuries have affected his psychological well-being.
“There is increased sensitivity to the head in terms of [your] overall concern. There is always the worry when you think to yourself, ‘what if it happens again?’ or ‘what if there are long-term effects?’ [ . . . ] These concerns plague me, sometimes consciously and sometimes not, every time I lace up the skates to go on the ice again.”
NHL players have fallen victim to a lengthy recovery time. After receiving a blind-side hit on Jan. 1, 2011, Sidney Crosby was forced to remain out of the game for nearly 11 months due to concussion symptoms.
Some players against lawsuit
Many players have spoken against the lawsuit, criticizing the former players for pleading ignorance about the potential harms of a contact sport like hockey.
“I’ve always lived in the fact that I played the game of hockey knowing there was a lot of risk to be taken. I went on the ice knowing that my health and my life could be altered in a split second, and I did it because I loved the game,” said retired player Jeremy Roenick in a statement to the Associated Press.
“I’m not going to tell people what to do. [ . . . ] That’s their prerogative. They can put themselves in public. They can go after the league that they craved to be in since they were little kids and paid their salary.”
Roenick played in the NHL for nearly two decades, and claimed to have received 13 concussions in his career.
Crosby has echoed Roenick in an interview with CBC News, saying that while he does think that changes could be made to ensure players’ safety, “You’re not going to be able to protect everyone.”
“The game’s physical. That’s what we signed up for. We played since we were young. We all understand the risks that come with it.”
Lawsuit without merit?
The lawsuit comes in close proximity to the one made by former NFL players against their league alleging concussion-related health problems – a suit that was settled for US $765 million.
NHL players have historically had a hand in jeopardizing their own safety, having fought measures to introduce mandatory helmets and visors in years past.
Winnipeg lawyer Wayne Onchulenko said the players “have made many allegations” but that the validity of the lawsuit “depends on what the plaintiffs can prove.”
As the nature of the suit is class-action, potential changes made as a result of the suit would affect the entire category of players – around 10,000 athletes.
“Research needs to continue to be done so athletes can prevent head injuries and recover from them effectively,” Schroeder said.
“Rules of specific sports and equipment should be adjusted to protect athletes so their risk of concussion is less. However, there will always be risk of injury in sport – especially contact sports,” he added.
Bettman has called the case “a lawsuit without merit.” The NHL intends to “vigorously defend” the lawsuit.
The lawsuit demands a jury trial for which a date has not yet been announced.
