• Recently Browsing   0 members

    No registered users viewing this page.

Sign in to follow this  
Son of a Wing

10 former players sue NHL for concussions

Rate this topic

Recommended Posts

@ LAwings

First, don't use the McDonald's coffee case as an example of a frivolous lawsuit. That poor lady deserved every penny she got (nowhere near $10 million).

On the suit at issue, I recommend that you read the complaint. A lot of it discusses things not related to actual game play. The complaint argues that the league breached its duty to players by not having neurologists present at games, for not changing the rules regarding high hits, waiting until 2013 to mandate soft shoulder pads, changing from flexible to rigid glass, waiting to change its protocol for concussed players, etc. There are a lot of things the league could do that would make it safer and have ZERO effect on the game.

It's crazy to me how people are so quick to jump to the defense of a multibillion dollar corporation at the expense of the little guy. Before anyone says the players are millionaires, not everyone is able to make a lucrative living while in the league. Several of the parties in the suit were only able to play for a year or two before their careers were cut short by concussions.

Share this post


Link to post
Share on other sites

"So the ONLY way to appease those that want to make this the Nanny Hockey League, is ban ALL contact. No checking, no hitting, no pushing, no shoving. But what if someone slips and falls? Ah crap, they can get a concussion from that too, perhaps we should but foam padding around all the boards, so to make sure. "

Nobody here wants nanny hockey. But things cannot stay the same, since we know specific things we did not know before. --

"June 13: Pop Warner football, which registered more than 285,000 children ages 5-15 to play in 2011, bans head-to-head hits and limits contact in practice to 40 minutes a day.

That night, Terry Bradshaw, the former Steelers quarterback who now receives treatment for short-term memory loss at the Amen Clinic in Newport Beach, California, told Jay Leno: "In the next decade, we will not see football as it is."

Share this post


Link to post
Share on other sites

Please stay on topic and discuss the content of someone's post without insulting them.

Argue the topic, not the person.

Otherwise your post will be deleted and could result in suspension.

Thanks.

I don't think that's humanly possible here at LGW - :lol:

Share this post


Link to post
Share on other sites
Guest Playmaker   
Guest Playmaker

Look guys, a lot of you keep bringing up clean hits, no hits to the head, and no fighting as the cure to end concussions. But getting a concussion is from your brain hitting the insided of your skull and can happen from CLEAN hits, and does not mean you need to have your head hit in any way. Those repeated, 10 times a game clean shoulder to shoulder hits. I mentioned earlier I'm 22 months Post Concussion, the first 6 months of last year were terrible, I never hit my head. I fell, and the impact was so intense, creating whiplash resulting in a concussion.

That video on page 2 of the wing getting checked 'clean', that guys brain got scrambled in his head. Continued 'clean' hits like that DO scramble your brain. Every time these players get hit hard and they fall backwards on the ice and their head whips back, their brain just got a little mushier.

So the ONLY way to appease those that want to make this the Nanny Hockey League, is ban ALL contact. No checking, no hitting, no pushing, no shoving. But what if someone slips and falls? Ah crap, they can get a concussion from that too, perhaps we should but foam padding around all the boards, so to make sure. :nhl_crach:

I mean seriously, I've known my whole life that getting repeadetly hit in my body in any way is not a good idea for my physical well being. I didn't need an expert or anyone to tell me this. Is it really that difficult to understand these things for oneself? You mean to tell me that someone has to tell you some real common sense BS and you can't figure this out on your own? We're being retarded as a society, always blaming someone else, always being the victim, it's always someone elses fault for not telling us. It's always someone elses responsibility to make our lives better, to look out for us, to make sure we're safe. NO, it is YOUR job to do those things. This is 'Murica! Why is personal responsibility for ones actions and decisions becoming someone elses problem? :1eye:

Reminds me of that lady who sued McDonalds because they didn't tell her that the coffee she just bought was hot, she put it between her legs and scalded herself. Now labels have a caution hot on them because someone got a $10 million payday for being an idiot.

Argh....I'm amped...let's play some hockey! lol :nhl:

Perhaps you should actually know the whole story on this issue before mocking it. McDonald's routinely kept the temperature of their coffee some 50 degrees higher than most others. At 190 degrees, it could cause a 3rd degree burn in 3-5 to which McDonalds was fully aware. But t hey chose to take the chance on hotter coffee and flimsier cups to save money. The plaintiff offered to settle out of court, only wanting help with her medical bills. McDonald's had received thousands of other complaints about customers getting burned, but chose to ignore them. So next time you want a frivolous lawsuit, look elsewhere.

I'm not sure how so many here are saying they know the dangers when NFL doctors were routinely denying that concussions caused any danger whatsoever, let along long term brain injuries. But I'm sure The NFL or any other sports league would intentionally hide information that might cause them to lose money?

Share this post


Link to post
Share on other sites

To respond to the first part of your argument, I agree. It is fact and situation specific. And the outcome of this lawsuit will determine where we draw the line concerning employer vs. employee responsibility.

To respond to the second part. Nobody is talking about separated shoulders, or eye injuries. I agree, those are inherent risks which come with the game. I don't think you can get those out of the game without fundamentally changing the way it's played. But you absolutely can get rid of MOST head trauma without changing the game. Why? Because fighting and hitting the head are already against the rules. Individuals ignore the rules when doing those things. Make the penalties so stiff that players no longer ignore the penalty, and the behavior will stop. Sure, accidental hits to the head and/or concussions resulting from the head hitting the boards or the head hitting the ice will still happen. Nobody is talking in absolutes here. But if those are the only means of getting head trauma, and they're accidental, then it's reasonable to say that they're accepted risks because accidents can't be avoided Fights and head hits are not accidental, they're intentional, and they're a violation of the rules. It's not unrealistic for players to think that they can play hockey without being punched in the face or hit in the head. Just like they can (and should) expect to play hockey without being slew footed, or given a B.C. two-hander.

The reason that I mentioned separated shoulders and eye injuries is because your post stated:

Most of us live in a country that can send a probe to Mars, clone a sheep, or harness nature to create energy, yet you act like it's unrealistic (and unreasonable) for hockey players to want to play the game they love AND be safe too.

Hockey players will never be able to play hockey (in any form that is a semblance to what it currently is) AND be safe too. The game is not safe, it is violent, risky, and dangerous. I understand that your chief complaint is hits to the head and fighting but the point I was trying to make is that your definition of an employer's responsibility:

If your employer doesn't do absolutely everything in their power to keep you safe on the job, they're liable to get sued.

and

Well unless you're a Roman Gladiator it's the responsibility of your employer to make sure you're safe at work. That's true of every job in the civilized world, and it's true of hockey.

There are many things that would completely alter the game of hockey but would be required if an employer must do "absolutely everything in their power to keep [player's] safe on the job" and if "it's the responsibility of your employer to make sure that you're safe at work."

The line between employer/employee responsibility and also an athlete's assumption of the risk (which even the term over simplifies it, the legal term is volenti no fit injuria which translates "to a willing person, injury is not done.") For example the illustration that most law schools use is a boxer consents and assumes the risk of the dangers of being punched repeatedly with a gloved fist but does not consent or assume the risk of being hit with a baseball bat. To boil that all down to it being the responsibility of the employer to make sure an employee is safe and that hockey players have a right to play the game they love and be safe ignores to a large degree the violence involved with the the sport/occupation even at the best of times. Whether the league knew and hid information or failed to make reasonable efforts to eliminate unreasonable hazards from the sport.

Share this post


Link to post
Share on other sites

@reporterchris: Rick Vaive wants to be removed from the class-action concussion lawsuit against the NHL. Says he misunderstood the nature of the proceeding.

@Real_ESPNLeBrun: Not sure if this is out there or not but Rick Vaive has pulled out of the lawsuit vs the NHL.

Edited by BottleOfSmoke

Share this post


Link to post
Share on other sites

I'm starting to get the impression that this lawsuit is going to go nowhere...

Based on...? One guy dropped out and 200 have joined. The only way the league gets out of paying is if it defeats the claim at trial. The only other possibilities are settlement or a victory for the plaintiffs. There is no way this suit gets dismissed.

Share this post


Link to post
Share on other sites

Does the NFL suit being blocked by a judge change this case or do you think this one will continue to roll on?

http://tv.yahoo.com/video/concussion-settlement-blocked-judge-questions-131346675-cbs.html

I think it will continue to roll on but seems like it could be easier to settle. This may be naivete or ignorance on my part but I don't think the NHL is in as bad of a position regarding concussions as the NFL.

The NFL has a long history or trying to suppress, deny, and mislead regarding what they knew about concussions. I'm sure it's been on the NHL's radar longer than I realize, but I don't think they have as damning of a track record. The NFL absolutely does not want this to go to court where all of that info will be revealed.

Share this post


Link to post
Share on other sites

@EricOnSportsLaw: Breaking news: NHL hit with second concussion lawsuit - https://t.co/eNfOFYa8FV

Edit: @Real_ESPNLeBrun: Not saying the lawsuit doesn't have merit, but having Gordie Howe as deceased in your lawsuit and misspelling Sidney Crosby's name bad start

@KatieStrangESPN: In just a cursory glance, also found MTL Canadiens spelled wrong and reference to Friday the 13th hockey mask as suggestive link to violence

Edited by BottleOfSmoke

Share this post


Link to post
Share on other sites

A second lawsuit has been filed; from Toronto Sun:

A group of nine former players may need a fact checker.

The group served the NHL with a class-action lawsuit Thursday accusing the league of exploiting its players and not doing enough to minimize head trauma that results in long-term health problems.

However, under a list of high-profile incidents to players who suffered head trauma and concussions over the years, the suit claims NHL legend Gordie Howe passed away five years ago.

"In 2009, Howe died from the neurogenerative disease known as 'Pick's disease.'"

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

Sign in to follow this