In an earlier blog, we discussed class action lawsuit filed against the NHL by 10 former players late in November. Within 48 hours of the filing, the original group of 10 plaintiffs grew to over 200. Since then, the latest update involves the NHL’s apparent tough stance against the claims.
According to SB Nation, NHL deputy commissioner Bill Daly released a statement just a few hours after the lawsuit became public, in defense of the league’s handling of player safety issues. Daly said:
“We are aware of the class action lawsuit filed today in the United States District Court for the District of Columbia on behalf of a group of former NHL players. While the subject matter is very serious, we are completely satisfied with the responsible manner in which the League and the Players’ Association have managed player safety over time, including with respect to head injuries and concussions. We intend to defend the case vigorously and have no further comment at this time.”
Lawsuit Origins – Much Like the NFL Suit, Players Allege the League Hid Information about the Dangers of Concussions
In the class action lawsuit, a total of over 200 plaintiffs allege the league ignored data on the dangers of head injuries and hasn’t done enough to protect players from concussions. The lawsuit outlines an alleged pattern of the NHL “causing or contributing to the injuries and increased risks” to its players.
It further alleges that current rules allowing, and sometimes encouraging, fighting and body checking are part of that pattern. The lawsuit states:
“The game of hockey as played in the NHL, including both practices and game play, has exposed former players to hazardous conditions and out-of-the ordinary risks of harm. These repetitive head accelerations to which the Plaintiffs have been exposed present risks of latent but long-term debilitating chronic illnesses not presented to the normal population. Absent defendants’ negligence, fraud, and/or misrepresentations, Plaintiffs’ exposure to the risks of harm as described above (including but not limited to) the release of biological substances into their respective brains would have been materially lower.”
Legal Experts Speculate on League’s Defense Strategies
The NHL’s intent to take a tough stance has many legal experts theorizing over potential defense strategies and whether or not the former players are likely to reach an outcome similar to the $765 million NFL settlement.
Some attorneys believe a string of collective bargaining agreements could effectively nullify the players’ claims – ultimately resulting in potential case dismissal. Plaintiffs might also struggle with potential difficulties linking their symptoms to hits they took during their professional careers.
Over the next several months, we’re likely to see how things will unfold and whether any settlement is likely to be reached.
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