Tag Archives: lawsuit

April 2016 Concussion Litigation Reporter Goes Live

April 2016, Vol. 4, No. 10

Timely reporting on developments and legal strategies at the intersection of sports and concussions—articles that benefit practicing attorneys who may be pursuing a claim or defending a client.

Table of Contents

  • Family Seeks Upward of $20 Million in Wake of Defendants’ Alleged Failure to Follow Concussion Protocol
  • Court Deals Blow to NFL’s Pension Plan in Concussion-Related Case
  • Researcher Zeroes in on Genetic Connection to Prolonged Recovery from Concussion
  • Canadian Court Dismisses Football Concussion Case and Sends it to Arbitration
  • Hard impact: US NFL Concussion Injury Litigation – implications for Australian claims
  • Court Finds Allegation of Civil Rights Violations Misplaced in Concussion Case
  • Female Athletes May Suffer More Concussions than Male Athletes
  • Settlement Reached Between Pop Warner Football and Family of Teen Who Killed Himself
  • Settlement Reached Between Student Athlete and Portland State University in Concussion Litigation
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Hockey Fighter Derek Boogaard Runs Aground on §301 of the LMRA in Concussion-Related Claim

(Editor’s Note: What follows is an excerpt from an article that appeared in the February issue of Concussion Litigation Reporter. To see the full article, subscribe at http://concussionpolicyandthelaw.com/subscribe/)

By Jon Heshka, Associate Dean of Law at Thompson Rivers University in Kamloops, BC  Canada

Derek Boogaard played in the National Hockey League from 2005 to 2010. Standing at 6’7” and weighing approximately 270 pounds, he was a prized pugilist. Over six seasons with the Minnesota Wild and the New York Rangers, Boogaard played in 277 regular season games, scoring three goals, participating in at least 66 fights and accruing 589 minutes in penalties. After five seasons with the Wild, his final contract was a four year $6.5 million deal contract with the Rangers.

His chosen craft, however, came with a cost. Boogaard’s complaint, filed by his surviving parents, listed the dozens of injuries he sustained while playing in the NHL, including concussions and sub-concussions, broken noses, torn shoulder tissues, facial lacerations, contusions, muscle strains, herniated disks, and teeth fractures.

The District Court noted that Boogaard was an “Enforcer/Fighter” who in the NHL fought at least 66 times often leaving him with painful injuries, which team physicians, dentists, trainers and staff treated using “copious amounts of prescription pain medications, sleeping pills and painkiller injections.”

Boogaard’s lawsuit claimed that he was provided copious amounts of prescription pain medications, sleeping pills, and painkiller injections by NHL teams’ physicians, dentists, trainers and staff. For example, during the 2008-09 season Boogaard sustained a tooth fracture, underwent nasal surgery and had shoulder surgery and was prescribed 1,021 pills from ten Minnesota Wild or San Jose Sharks teams’ physicians and dentists plus 150 Oxycodone — a Schedule II controlled substance because of its high potential for abuse — pills.

Boogaard died of an accidental overdose of prescription painkillers and alcohol on May 13, 2011. He was posthumously found to have chronic traumatic encephalopathy (CTE) — the same neuro-degenerative disease at the core of the now settled nearly $1 billion class action lawsuit against the National Football League.

Boogaard’s parents filed suit against the National Hockey League, its Board of Governors and Commissioner Gary Bettman (collectively, “NHL”) alleging that the NHL negligently failed to prevent Boogaard from becoming addicted to opiods and sleeping pills, that the NHL breached its voluntarily undertaken duty to curb and monitor Boogaard’s drug addiction while he was enrolled in the league’s Substance Abuse and Behavioral Health Program (“SABH Program”), that the NHL was negligent in failing to protect Boogaard from brain trauma during his career, and that the NHL breached its voluntarily undertaken duty to protect Boogaard’s health by failing to prevent … (for the full summary, visit http://concussionpolicyandthelaw.com/subscribe/ to subscribe)

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February Conussion Litigation Reporter Features Ten Important Stories

What follows is the Table of Contents for the February Concussion Litigation Reporter:

February 2016, Vol. 4, No. 8

Timely reporting on developments and legal strategies at the intersection of sports and concussions—articles that benefit practicing attorneys who may be pursuing a claim or defending a client.

Articles

  • Hockey Fighter Derek Boogaard Runs Aground on §301 of the LMRA in Concussion-Related Claim
  • Study, Boycott Brings Focus Back to the Risk of Concussion Associated with Synthetic Fields
  • The NFL Concussion Settlement and the Ethics of Informed Choice
  • New Mexico Lawmakers Scurry to Close ‘Loophole’ that Allowed Parents to Circumvent Concussion Protocol
  • Ontario Introduces Legislation to Establish Concussions Advisory Committee
  • Concussions in Water Polo Continues to be a Significant issue
  • Injured Fan Claims NASCAR Does Not Adequately Protect Spectators, Sues for Damages Relating to Traumatic Brain Injury
  • Retired Players Urge Court to Continue Discovery in NHL Concussion Suit
  • NCAA’s Hainline Talks Concussions and Unresolved Questions
  • Reaction to NCAA’s Concussion Measure

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