Boogaard's Family Sues NHL

[canoli]

wow I didn't see this coming...but I shouldn't be surprised I guess. This is the Age of Lawsuits after all.

I'm no lawyer but it seems to me it'll be pretty hard to prove that somebody besides Derek should've been responsible for Derek, even if he was in the grips of addiction to pain-killers.

http://www.nytimes.com/2013/05/13/sports/hockey/derek-boogaards-family-sues-nhl-for-wrongful-death.html?nl=todaysheadlines&emc=edit_th_20130513&_r=0

[B21]

wow I didn't see this coming...but I shouldn't be surprised I guess. This is the Age of Lawsuits after all.

I'm no lawyer but it seems to me it'll be pretty hard to prove that somebody besides Derek should've been responsible for Derek, even if he was in the grips of addiction to pain-killers.

http://www.nytimes.c...h_20130513&_r=0

This "could" be the beginning of an NFL-like suit against the NHL - both of which would be nothing more than a money grab. 100% behind the leagues on this one.

I find it interesting that anytime the leagues (NHL and NFL) take steps to curb head injuries (and possible side affects like pain killer addictions) they get killed by most of the fans and most of the media and most of the players for (lack of a better word) "pussifying" the game while at the same time they are being sued by ex-players (many not that far removed from playing) for not doing enough to prevent head trauma. I'm guessing that a lot of these former players at one point refused to come out of a game due to head trauma or even hid concussion symptons from their coaching staff and team meadical staff.

Hines Ward admitted to hiding concussion symptoms in order to play.

Ryan Clark refused to wear a newer, more protective helmet after a concussion because it was not as comfortable.

James Harrison...no secret what he things of the NFL's rules.

Good for you, guys. But if any of these guys ever attach their name to a class action suit against the NFL for "not doing enough" I'll be very disappointed.

Professional athletes know the risks.

(I know this is Boogard's family and not Boogard but these things tend to have a domino effect.)

[DaGreatGazoo]

This is harsh, but where is the mention of Derek's brother in this lawsuit? You all remember, the brother who gave Derek pill(s) the night he died? I have little sympathy regarding this lawsuit, when a family member was enabling him immediately after he got out of rehab. Technically, he wasn't even released if I remember correctly. He was allowed out to attend a family function; he hadn't completed his rehab stint.

It's a tragedy, plain and simple. I'm don't think you can pin this one on the league.

[radoran]

I have little sympathy for this specific situation - but I don't at all think this can be boiled down to a "money grab."

Players have been conditioned growing up in the sport that being on the ice is the most important thing. Especially in the NHL, there is tremendous pressure to be on the ice to not lose your position and not be seen as "soft" by your organization.

We've seen legitimate problems with players being "encouraged" to play through foot injury (Dave) or ignore that nagging punctured lung and get on the plane (Eric). We've seen multiple-Cup winning forwards traded away for being "soft" because they didn't come back quick enough for Some (hello, Justin).

Ian laPerriere, quite frankly, should never have been allowed to put on skates in the playoff series that ended his career.

To pretend that the NHL and the individual teams has the interests of player health and safety as paramount is to ignore history.

Are there players who hide their symptoms and play when they "shouldn't"? Yes. And each case should be handled in a case by case basis.

But to pretend that players like Keith Primeau or Chris Pronger - former Flyer captains - who will likely suffer post-concussion symptoms for two or three times as long as they were playing deserve absolutely no compensation for that (their salaries were compensation for their playing hockey) is beyond heartless to cruel and callous. To extend that to players who had careers ended and didn't cash in and make millions is moreso.

[B21]

I have little sympathy for this specific situation - but I don't at all think this can be boiled down to a "money grab."

Players have been conditioned growing up in the sport that being on the ice is the most important thing. Especially in the NHL, there is tremendous pressure to be on the ice to not lose your position and not be seen as "soft" by your organization.

We've seen legitimate problems with players being "encouraged" to play through foot injury (Dave) or ignore that nagging punctured lung and get on the plane (Eric). We've seen multiple-Cup winning forwards traded away for being "soft" because they didn't come back quick enough for Some (hello, Justin).

Ian laPerriere, quite frankly, should never have been allowed to put on skates in the playoff series that ended his career.

To pretend that the NHL and the individual teams has the interests of player health and safety as paramount is to ignore history.

Are there players who hide their symptoms and play when they "shouldn't"? Yes. And each case should be handled in a case by case basis.

But to pretend that players like Keith Primeau or Chris Pronger - former Flyer captains - who will likely suffer post-concussion symptoms for two or three times as long as they were playing deserve absolutely no compensation for that (their salaries were compensation for their playing hockey) is beyond heartless to cruel and callous. To extend that to players who had careers ended and didn't cash in and make millions is moreso.

Then I guess I am cruel and callous. As you said, players are conditioned to play through injury and pain long before they reach the NHL yet it's only the NHL who is named among the organized hockey leagues and only the NHL deemed to be responsible. Deepest pockets, maybe? The players know what an NHL career means and make the choice to play....again, knowing what may be in store for them long term. It's part of their chosen profession. Yet when the league looks at possbile steps to curb health problems like the after effects of concussion (like eliminating fighting) the players almost to a man disagree (90% plus want to keep fighting according to recent polls).

The NHL is still in the infancy of this issue compared to where the NFL is...why I said "could be" the beginning of an NFL-like problem. But if the players' stance on fighting is the tip of the iceberg as far as how they will treat league attempts to prevent injuries, I'm not getting on board with any empathy for them.

[radoran]

Then I guess I am cruel and callous. As you said, players are conditioned to play through injury and pain long before they reach the NHL yet it's only the NHL who is named among the organized hockey leagues and only the NHL deemed to be responsible. Deepest pockets, maybe? The players know what an NHL career means and make the choice to play....again, knowing what may be in store for them long term. It's part of their chosen profession. Yet when the league looks at possbile steps to curb health problems like the after effects of concussion (like eliminating fighting) the players almost to a man disagree (90% plus want to keep fighting according to recent polls).

The NHL is still in the infancy of this issue compared to where the NFL is...why I said "could be" the beginning of an NFL-like problem. But if the players' stance on fighting is the tip of the iceberg as far as how they will treat league attempts to prevent injuries, I'm not getting on board with any empathy for them.

The NHL is the paragon of hockey. What happens in the NHL is what influences the other leagues. There are differences (fighting) but the attention of the hockey world is clearly on the NHL more than the AHL or CHL or the mite league down at the Skatium.

Players didn't "know the risks" because society as a whole and even the medical profession didn't "know the risks" of multiple concussions.

I think that the increase in attention to concussions is strictly as a result of the NHL. Without Primeau, Pronger, Crosby, etc. the issue doesn't get the attention it has now. It's also that the size and speed of the league has increased substantially. You have, effectively, 40 MPH collisions going on out there. These are potentially serious car accidents, much less open ice hits.

I don't have all the answers but I know that there are serious questions.

[B21]

Players didn't "know the risks" because society as a whole and even the medical profession didn't "know the risks" of multiple concussions.

Yet the very act of seeking reparations is the players saying to the leagues "You should have known." That's the problem I have (along with the retired players saying the leagues didn't do enough while the current players accusing them of overreacting).

[radoran]

Yet the very act of seeking reparations is the players saying to the leagues "You should have known." That's the problem I have (along with the retired players saying the leagues didn't do enough while the current players accusing them of overreacting).

I honestly think Crosby needs to be more vocal on this issue - however he feels. The problem is that it's only when Keith Primeau or Ian LaPerriere actually have their careers ended that they start to think about this and be vocal about it.

I think it would be tremendously helpful if Lindros would do the same.

I also think that the league was behind the curve in dealing with the repercussions of concussion and especially multiple concussions. The medical data was there - and even some significant evidence from other sports - but IMO it took losing major stars and having the current face of the league threatened before they took it seriously.

Losing a Brett Lindros means little to the league. Losing an Eric Lindros or a Sidney Crosby is something else entirely.

If Sidney and Eric tell me that there's nothing that their predecessors (and contemporaries) deserve, I'll be good with that.

[hf101]

It looks like there will be a movie out also.

EXCLUSIVE: Attention on the long-term brain damage suffered by contact sports stars has primarily fallen on pro football because of the tragic suicides of superstars like Junior Seau and Dave Duerson, both of whom left behind their brains for study on how on-field collisions made retirement life too much to bear. But the problem reaches other sports, including hockey, and Focus Features and Peter Berg are tackling the issue by focusing on renowned enforcer Derek Boogaard. A shy, oversized player who learned to use his fists to make it to the National Hockey League, Boogaard became hooked on painkillers from years of damage, and was found dead at age 28 after mixing prescription drugs with booze.

Focus has made a deal with The New York Times for an eye-opening series of articles by John Branch entitled Punched Out: The Life And Death Of A Hockey Enforcer. Berg and Film 44 partner Sarah Aubrey are producing, and Berg hopes to direct. Ryan Condal is writing the script, and Josh McLoughlin will oversee the pic. The deal was made by ICM Partners, which reps the Times, and also reps Boogard’s estate and his mother and father, Len and Joanne Boogaard. All of the money they make will go to a charity set up for their son.

The subject matter here was somewhat covered in that gem of an indie movie Goon. This version clearly demonstrates the price one can pay for doing anything to achieve the dream of every kid skating on the frozen ponds of Saskatoon: to make the National Hockey League. Boogaard was nobody’s idea of a hockey star, but when he learned to fight, he became an invaluable presence who’d drop gloves and clean the clock of any opposing player who messed with the skill players on his team. At a hulking 6’7″ and 270 pounds, Boogaard became known as the Boogeyman, and rarely lost a fight when he played for the Minnesota Wild and New York Rangers. Nightly violent encounters led to broken bones and concussions. After a brawl, the callous on his knuckles would peel off and his hands hurt all the time. By the time he joined the Rangers, he was a shell of his former self. By the time of his death, Boogaard was ingesting huge quantities of pills, and died after a night of boozing. His family hopes that a movie like this will play as a cautionary tale for others whose kids pay the price for realizing a dream that for Boogaard and his family became a nightmare. The subject matter seems a good match with Berg, who directed the Friday Night Lights film and was the architect of the superb TV series that followed.

[B21]

I honestly think Crosby needs to be more vocal on this issue - however he feels. The problem is that it's only when Keith Primeau or Ian LaPerriere actually have their careers ended that they start to think about this and be vocal about it.

I think it would be tremendously helpful if Lindros would do the same.

I also think that the league was behind the curve in dealing with the repercussions of concussion and especially multiple concussions. The medical data was there - and even some significant evidence from other sports - but IMO it took losing major stars and having the current face of the league threatened before they took it seriously.

Losing a Brett Lindros means little to the league. Losing an Eric Lindros or a Sidney Crosby is something else entirely.

If Sidney and Eric tell me that there's nothing that their predecessors (and contemporaries) deserve, I'll be good with that.

Why should Crosby be vocal? So more fans can hate him because he threw an elbow (to a guy who was cross-checking him) after his 1st comeback? So Flyers fans can call him a hypocritical puzzy for speaking out only after he suffered from multiple concussions? So we can hear how the league is once again "shoving him down our throats" only this time on concussion issues? Please. He's done everything the league has asked and then some. He works to improve his game all the time. He doesn't say anything controverisal to the media ("I don't like them is about as close as he's come."). He plays hard every night and he plays is spaces (corners, front of the net) where most players of his skill set rarely, if ever, venture (Gretzky, OV, Stamkos to name few).

And all he does it get killed for it because as an 18 and 19 year old he dove and yapped at the refs to much. Oh the travesty.

As far as the players are concerned, he did plenty for them....during the lockout. Instead of playing overseas he was front and center with Fehr and heavily involved in the negotiations. From what I've read, he won a ton of respect from his peers for what he did during the lockout.

Plus - his career (knock on wood) hasn't been ended by concussions. If it's that's the message - let's get Lindros out there (I think Primeau has done a lot already) along with Pat Lafontaine, Christ Pronger, Mike Richter, Scott Stevens, Paul Kariya, et al.

[DaGreatGazoo]

@B21

Good grief, buddy. Relax.

I'm pretty sure @radoran meant that as a compliment to Crosby, not an insult. Few people would disagree he is the face of the league, and as such, has a bit of a bully pulpit. Take the example you cited, his efforts during the lockout. Do you really think someone like Jody Shelley is going to command that type of respect from the union/owners?

Then take into account his major issues with concussions, and I think he could have a positive impact on moving any discussions forward. For example, mandatory face shields....just throwing that out as an issue--Not saying he should champion the cause. Pronger, Lindros, Primeau, etc...can have an impact too, no doubt. I just think current players, especially one of Crosby's stature, would have more.

[radoran]

@B21

Good grief, buddy. Relax.

I'm pretty sure @radoran meant that as a compliment to Crosby, not an insult. Few people would disagree he is the face of the league, and as such, has a bit of a bully pulpit. Take the example you cited, his efforts during the lockout. Do you really think someone like Jody Shelley is going to command that type of respect from the union/owners?

Then take into account his major issues with concussions, and I think he could have a positive impact on moving any discussions forward. For example, mandatory face shields....just throwing that out as an issue--Not saying he should champion the cause. Pronger, Lindros, Primeau, etc...can have an impact too, no doubt. I just think current players, especially one of Crosby's stature, would have more.

Exactly.

Sheesh, some Pens fans are overly sensitive. Wonder where they get that?

Crosby is the face of the league. He has concussion issues. His perspective on the issue is materially applicable to the debate.

I specifically suggested Lindros in the post B21 is responding to.

Also, for the record, Pronger can't say anything right now about how concussion ended his career because technically his career has not ended. A stupid situation, no doubt, but the situation nevertheless.

[B21]

@B21

Good grief, buddy. Relax.

I'm pretty sure @radoran meant that as a compliment to Crosby, not an insult. Few people would disagree he is the face of the league, and as such, has a bit of a bully pulpit. Take the example you cited, his efforts during the lockout. Do you really think someone like Jody Shelley is going to command that type of respect from the union/owners?

Then take into account his major issues with concussions, and I think he could have a positive impact on moving any discussions forward. For example, mandatory face shields....just throwing that out as an issue--Not saying he should champion the cause. Pronger, Lindros, Primeau, etc...can have an impact too, no doubt. I just think current players, especially one of Crosby's stature, would have more.

I'm perfectly relaxed. :blink:

Seriously, though. I've been around these parts long enough to know that he is under a microscope and no matter what he does, he is going to be criticized for it (for reasons outlined above). I also think he knows that to an extent. I doubt he shares my same thoughts but if I am him and someone is suggesting that I (he) become the face of the league for concussion awareness, I give them a polite GFY. Just look at all the negative press when he was out with the concussion....Why do we need constant updates? What makes him so special? Wah wah wah. And that wasn't even his doing him...it was the media.

I agree he probabably does have a bit of a bully pulpit but there is a big difference in his efforts during the lockout (putting/keeping money in the players pockets) and speaking out in favor of something along the lines of mandatory visors. Gordie Howe could come out in favor of those (not that he would) and if they aren't mandatory, players who don't like them aren't going to wear them and will do what they can to keep them from becoming mandatory.

[B21]

Exactly.

Sheesh, some Pens fans are overly sensitive. Wonder where they get that?

Crosby is the face of the league. He has concussion issues. His perspective on the issue is materially applicable to the debate.

I specifically suggested Lindros in the post B21 is responding to.

Also, for the record, Pronger can't say anything right now about how concussion ended his career because technically his career has not ended. A stupid situation, no doubt, but the situation nevertheless.

Technically, Sid's career is still going, too. Just sayin'.

FWIW - 1st line of your link....

"Fair or not, Sidney Crosby’s unfortunate reputation as a whiner..."

...kinda makes my point. He gives his thoughts on one of the hits the led directly to his concussion....and of course gets killed for it. So yeah - let's make him the spokesperson.

[mojo1917]

"Fair or not, Sidney Crosby’s unfortunate reputation as a whiner..."

...kinda makes my point. He gives his thoughts on one of the hits the led directly to his concussion....and of course gets killed for it. So yeah - let's make him the spokesperson.

Gotta thicken up the skin on this one B...

There is no better person to speak up about this than Sidney.

When the ATP players were complaining about poor surface conditions at a venue in Spain

http://sports.yahoo.com/blogs/tennis-busted-racquet/rafael-nadal-novak-djokovic-threaten-madrid-boycott-over-165258856.html

It wasn't guys ranked 114 and 85 it was Novak fing Djokavic and Rafa Nadal threatening to boycott the tournament in the future, guess what happend to the surface in question ? it was repaired.

Crosby can speak up about this and add to his legacy of being good for the sport beyond just his play.

Or he can be like Mike (Jordan) and be remembered only as a fierce competitor .

Maybe Sidney isn't that guy, and that's okay not eveyone can be Bill Russel or Jim Brown but for this specific instance his word would carry a lot of weight.

[B21]

Gotta thicken up the skin on this one B...

There is no better person to speak up about this than Sidney.

When the ATP players were complaining about poor surface conditions at a venue in Spain

http://sports.yahoo....-165258856.html

It wasn't guys ranked 114 and 85 it was Novak fing Djokavic and Rafa Nadal threatening to boycott the tournament in the future, guess what happend to the surface in question ? it was repaired.

Crosby can speak up about this and add to his legacy of being good for the sport beyond just his play.

Or he can be like Mike (Jordan) and be remembered only as a fierce competitor .

Maybe Sidney isn't that guy, and that's okay not eveyone can be Bill Russel or Jim Brown but for this specific instance his word would carry a lot of weight.

Couldn't disagree more. The minute he speaks out on concussions, the "hypocrite" and "whiner" mudslinging will commence. That includes here.

Sorry but I've too much of it already to think there is any reason it would stop if he somehow became the point man in the league's efforts to raise awareness about concussions.

Don't believe me?

What happened when Mario spoke out about all the clutcing and grabbing that was stifling the game? He was labled "soft" and a "whiner" and nothing changed until after the 2004-05 lockout when he was at the tail end of his career.

[radoran]

Technically, Sid's career is still going, too. Just sayin'.

Yes, but he's not on LTIR for the next three years (yet). Pronger can't talk about how concussions ended his career because he needs to pretend his career is still going on. Got it?

And, for the record, whining about the link really makes the point. Good work. Now, you might want to loosen the belt a bit because it appears things might have gotten into a bit of a bunch down there.

You don't think Sid should say anything because someone somewhere might say a mean thing about him? Jeebus. I thought the guy was a hockey player.

I'm not saying Sid should talk about specific hits. I'm saying he should talk candidly about concussions, their effect on his game and their impact on people's careers. I'm saying so because he is the face of the league and because he has concussion issues. That was the context and substance of my comment.

Maybe Sidney isn't that guy, and that's okay not eveyone can be Bill Russel or Jim Brown but for this specific instance his word would carry a lot of weight.

This. That's all there is.

[radoran]

Couldn't disagree more. The minute he speaks out on concussions, the "hypocrite" and "whiner" mudslinging will commence. That includes here.

Sorry but I've too much of it already to think there is any reason it would stop if he somehow became the point man in the league's efforts to raise awareness about concussions.

Don't believe me?

What happened when Mario spoke out about all the clutcing and grabbing that was stifling the game? He was labled "soft" and a "whiner" and nothing changed until after the 2004-05 lockout when he was at the tail end of his career.

"Clutching and grabbing" isn't quite the same as concussion.

And Mario Lemieux is widely regarded by anyone who is familiar with water solidifying into ice upon which men in skates chase a puck around as one of the all time, undisputed greats in the game.

He was right about clutching and grabbing. His comments carried great weight with the league.

But, maybe he would have been better off hiding in his locker and being quiet. That would have helped the game a lot, right?

[B21]

"Clutching and grabbing" isn't quite the same as concussion.

And Mario Lemieux is widely regarded by anyone who is familiar with water solidifying into ice upon which men in skates chase a puck around as one of the all time, undisputed greats in the game.

He was right about clutching and grabbing. His comments carried great weight with the league.

But, maybe he would have been better off hiding in his locker and being quiet. That would have helped the game a lot, right?

No - it's not the same. Other than it being an issue of some importance to the league on which a star player spoke out on in an effort to bring about change and was subsequently criticized for doing so.

But other than that....you're right. Not the same.

Of course...nothing changed until that star player was a year away from retiring. Some weight he carried.

[B21]

@radoran

Yes, but he's not on LTIR for the next three years (yet). Pronger can't talk about how concussions ended his career because he needs to pretend his career is still going on. Got it?

I think it's safe to assume the league knows what's going on with Pronger so we can stop pretending that he is "coming back" for anything other than LTIR. In other words, safe to say concussions may have ended his career.

And, for the record, whining about the link really makes the point. Good work. Now, you might want to loosen the belt a bit because it appears things might have gotten into a bit of a bunch down there.

Who's whining? Just pointing out that the article affirmed my point. Crosby speaks. The hockey world criticizes. The author used "unfortunate reputation". Kinda tells me he thinks the criticisms are overblown. Hence - my bunched panties.

You don't think Sid should say anything because someone somewhere might say a mean thing about him?

I wouldn't have a problem at all if he did. But I can predict the reaction. And if I were in his shoes knowing how I am (unfairly) thought of? Nope. Wouldn't speak out on it.

Jeebus. I thought the guy was a hockey player.

The ol' baiting to keep my theoretical panties in a bunch, eh? Should know by now that never works. Figured you to be above that.

I'm not saying Sid should talk about specific hits. I'm saying he should talk candidly about concussions, their effect on his game and their impact on people's careers. I'm saying so because he is the face of the league and because he has concussion issues. That was the context and substance of my comment.

You can't speak candidly on concussions without talking about prevention. Prevention means curbing head shots...like the one he got from Steckel. Which he already called a cheap shot that was avoidable...for which he was called a whiner. Get it now?

You want him to talk about how much it sucks not being able to drive or watch TV or have the lights on and how having a 24/7 migraine really blows and that concussions can end careers and that they had an affect on his game early in his comeback. Swell. Don't we kinda know that, though?

Edited May 15, 2013 by B21

[hf101]

Anybody been reading Travis Yosts blogs about the Boogard trial vs the NHL?

Some good reads.

http://www.hockeybuzz.com/blog.php?post_id=53092&blogger_id=134#.UfiJQo3rzV0

http://www.hockeybuzz.com/blog/Travis-Yost/The-NHLSABH-Miserably-Failed-Derek-Boogaard/134/53114#.UfiIv43rzV0

4 different doctors over an 18 day span in '08 and getting 4 different prescriptions.

A complete failure at all levels.

[JR Ewing]

Between suffering from serious brain injuries and being completely whacked out by drugs, Boogaard must not have know if he was coming or going. One thing is certain here: there are three groups who should be ashamed of the way they dealt with Boogaard:

-The Wild

-The Rangers

-The NHL/NHLPA Substance Abuse and Behavioral Health Program

Nobody involved did enough to help him: from the Wild and Ranger, who happily fed him with a constant supply of highly addictive meds, nor the SABH program, which happily ignored 6 failed drug tests.

Thanks for the links, hf.

JR

Edited July 31, 2013 by JR Ewing

[jammer2]

@JR Ewing I think some heads should roll in the NHLPA, especially on that substance abuse board. Who knows, maybe there is stuff we don't know, but on the outside looking in, it seems as if they failed him miserably. When your inaction takes a life, you should be fired at the very least, and maybe, just maybe jailed. I call that kinda stuff criminal negligence myself.

Boogard was no doubt left out to dry, but how do you drink on opiods? How many deaths do you have to hear about before people realize that these drugs are lethal when they interact. It's amazing. really.

[hf101]

Nobody involved did enough to help him: from the Wild and Ranger, who happily fed him with a constant supply of highly addictive meds, nor the SABH program, which happily ignored 6 failed drug tests.

There has to be some accountability for the physicians, pharmacists and insurance as well.

[JR Ewing]

@JR Ewing I think some heads should roll in the NHLPA, especially on that substance abuse board. Who knows, maybe there is stuff we don't know, but on the outside looking in, it seems as if they failed him miserably. When your inaction takes a life, you should be fired at the very least, and maybe, just maybe jailed. I call that kinda stuff criminal negligence myself.

Boogard was no doubt left out to dry, but how do you drink on opiods? How many deaths do you have to hear about before people realize that these drugs are lethal when they interact. It's amazing. really.

From the age of 16, until the his death at 28, Boogaard was in 184 hockey fights (I don't know about any he may have had away from the rink). At 16, he had 34 fights alone, many against 20 year olds as he was trying to make a name for himself. In short, he was severely brain inured, and was looking at life in an senior's hospice being spoon fed at 40 years old.

People with those sorts of brain injuries aren't famous for their ability to make sound life decisions.

JR