Former No. 1 Pick Suing the NHL for Lack of Care for Head Injuries

[doniceage]

Yet another player is taking action against the NHL for their lack of care when treating head related injuries.

Bryan Berard has filed a lawsuit against the NHL believing that they had a duty to "cease their patent glorification of, and profiting from, fist-fighting and violence in the league."

https://www.12up.com/posts/6146097-f...partners/43677

[Maggot]

Gross desperation.

Here's a related story: https://www.ctvnews.ca/w5/how-a-form...iser-1.3310105
"It’s a cautionary tale of what can go terribly wrong when you trust the wrong person with your finances. In this case it was NHL star and former Toronto Maple Leaf Bryan Berard who put his faith and trust in the wrong adviser, who he thought was a friend."

[doniceage]

Gross desperation.

Here's a related story: https://www.ctvnews.ca/w5/how-a-form...iser-1.3310105
"It’s a cautionary tale of what can go terribly wrong when you trust the wrong person with your finances. In this case it was NHL star and former Toronto Maple Leaf Bryan Berard who put his faith and trust in the wrong adviser, who he thought was a friend."

@Maggot

The thing it not limited to a few:

https://www.thesportster.com/hockey/...-are-they-now/

Don

[Savard18]

The problem I have with all these CTE/concussion lawsuits is that these players knew the dangers of hockey and he wear and tear it takes on their body while playing int he best league in the world... All jobs have risks - especially if you work in a high risk profession, and I wold categorize hockey (or contact professional sports) as a "high risk job".....

And it's kind of crazy, because these players bringing these lawsuits played in an era were helmets were mandatory.... I don't see anyone that played pre-80 (without helmets) suing the NHL... And remember, goalies didn't wear masks for some time (the last one to not wear a mask was Ernie Brown in 1977), so you would think if there were to be players with concussion issues it would be goalies that didn't wear a mask/helmet....

This leads me to believe a) there is something profoundly wrong with the designs of helmets, b) players would be better off playing without helmets or c) there are a few players out there that are now broke and they need money - and they're riding the coattails of the few players (mostly enforcers) that do have legitimate brain damage - and not from the helmet but because they would drop the gloves 25-30 (or more) times a year...

That's just my take on the issue..... And I also believe that some players just don't know what to do after their career is over, they have few skills and they get depressed and that can lead to all kinds of psychological issues.

Just my .02 cents.

[30ranfordfan]

I would disagree very much that players (until the last 5-10 years) really understood the risks in playing a professional contact sport. They understood there were risks, sure, but the full consequence of them? Maybe it was willful ignorance, but it's been shown that the NHL, and other leagues (sports) downplayed the seriousness of concussions.

Why you don't hear of players prior to the helmet mandate suing the league. I think there are three things to really consider:

1. There is some truth to the notion that as equipment improved, dirty play escalated. When nobody wore helmets, everyone respected their opponent's head. Now that everyone wears helmets, players are taught to treat their opponents head with complete disregard. Combined with bigger / faster players - the rate of concussions is much higher in the era with helmets than without.

2. Particularly the 70s through the 90s - The helmets were not very good, offered little protection, and most players wore them in a way that made them (basically) useless.

3. Call me out for ageism if you want..... but a player from the pre-helmet era was born in the 50s, or earlier. They're probably a lot more likely to shoulder the blame for their head trauma themselves. The come from a time when there was far less litigation, and they may (stubbornly) not believe in it. "I should have known better" or "I was paid well to play" are enough justification for them not to launch legal action. A player born in 1975 or later, is probably MUCH less likely to feel that way.

To be quite honest, this is how I look at the whole head injury thing: Players are stupid. They will lie about injuries. They will defeat safety devices. They will put themselves in dangers because that's what they think they need to do... to be a good teammate, or to keep their jobs. Their employer (the NHL) needs to be smarter than them, and protect them from themselves. The owners are smart. They know (and always knew) exactly what's happening. They've got high paid doctors to look after their assets. If they want to make money off a guy's long term health, without really explaining the risks.... it doesn't matter how much money they're paying him. That's why these lawsuits happen.

The problem I have with all these CTE/concussion lawsuits is that these players knew the dangers of hockey and he wear and tear it takes on their body while playing int he best league in the world... All jobs have risks - especially if you work in a high risk profession, and I wold categorize hockey (or contact professional sports) as a "high risk job".....

And it's kind of crazy, because these players bringing these lawsuits played in an era were helmets were mandatory.... I don't see anyone that played pre-80 (without helmets) suing the NHL... And remember, goalies didn't wear masks for some time (the last one to not wear a mask was Ernie Brown in 1977), so you would think if there were to be players with concussion issues it would be goalies that didn't wear a mask/helmet....

This leads me to believe a) there is something profoundly wrong with the designs of helmets, b) players would be better off playing without helmets or c) there are a few players out there that are now broke and they need money - and they're riding the coattails of the few players (mostly enforcers) that do have legitimate brain damage - and not from the helmet but because they would drop the gloves 25-30 (or more) times a year...

That's just my take on the issue..... And I also believe that some players just don't know what to do after their career is over, they have few skills and they get depressed and that can lead to all kinds of psychological issues.

Just my .02 cents.

[pwaldo]

If you get enough former players suing the league the NHL is done. The NFL can handle it because they make way more money and frankly are more important to US television's survival so the media will cover for them and protect them because they have skin the game. Most people in the US wouldn't care if hockey went away but if the NFL did there would be riots even though the popularity of football in the US has taken a hit recently.

[Savard18]

I would disagree very much that players (until the last 5-10 years) really understood the risks in playing a professional contact sport. They understood there were risks, sure, but the full consequence of them? Maybe it was willful ignorance, but it's been shown that the NHL, and other leagues (sports) downplayed the seriousness of concussions.

Why you don't hear of players prior to the helmet mandate suing the league. I think there are three things to really consider:

1. There is some truth to the notion that as equipment improved, dirty play escalated. When nobody wore helmets, everyone respected their opponent's head. Now that everyone wears helmets, players are taught to treat their opponents head with complete disregard. Combined with bigger / faster players - the rate of concussions is much higher in the era with helmets than without.

2. Particularly the 70s through the 90s - The helmets were not very good, offered little protection, and most players wore them in a way that made them (basically) useless.

3. Call me out for ageism if you want..... but a player from the pre-helmet era was born in the 50s, or earlier. They're probably a lot more likely to shoulder the blame for their head trauma themselves. The come from a time when there was far less litigation, and they may (stubbornly) not believe in it. "I should have known better" or "I was paid well to play" are enough justification for them not to launch legal action. A player born in 1975 or later, is probably MUCH less likely to feel that way.

To be quite honest, this is how I look at the whole head injury thing: Players are stupid. They will lie about injuries. They will defeat safety devices. They will put themselves in dangers because that's what they think they need to do... to be a good teammate, or to keep their jobs. Their employer (the NHL) needs to be smarter than them, and protect them from themselves. The owners are smart. They know (and always knew) exactly what's happening. They've got high paid doctors to look after their assets. If they want to make money off a guy's long term health, without really explaining the risks.... it doesn't matter how much money they're paying him. That's why these lawsuits happen.

Good points, and no I'm not going to call you out on ageism, lol I'm no spring chicken either..

Also, I really do believe money has something to do with it too. A lot of these guys involved in these class action lawsuits, weren't the best players (most were enforcers) and they didn't make much during their professional careers, and now they have an opportunity to perhaps get a little more from the NHL... I'm not saying they're greedy, but I do think there is an opportunity to get some extra cash and I'm sure these guys have legitimate symptoms - but not only that but I think many players are "lost" after hockey because many have no real skills, all they knew/know is hockey and now that it's over how are they supposed to support themselves? especially if they have CTE...

I mean I do find it interesting that a guy like Mike Peluso is leading the charge against the NHL for concussions/CTE lawsuits, yet a guy like Stu Grimson isn't involved and I say this because Stu Grimson is a lawyer so he has a career outside of hockey and Mike Peluso (as far as I know) doesn't do anything... And Al Secord is another good example - he was a pretty physical player that had no problem dropping the gloves and going toe to toe with anyone, but he's a commercial airline pilot (I believe he flies American Airlines) - but you would expect guys like Grimson or Secord to a lesser extent would have concussion issues, but it appears they don't - or at least they've not spoken about it.... It just seem the players involved in these class action lawsuits really have had no life after hockey and didn't make much as players..... But like I said - I'm not saying these former players are greedy or that their complaints aren't legitimate - I just find the players coming forward with these allegations interesting given their lives after hockey.

And I don't know if it's ignorance on their part -- I mean it has to be obvious to these guys that hockey can take it's toll physically on their bodies, and that it's very possible that they could sustain life altering injuries both physically and mentally - I mean if these guys didn't consider that then they are ignorant... I will say this much tho - some coaches used some of these guys like Peluso, Grimson, Nilan, Kocur, Probert etc as human punching bags, so I think perhaps some of them bit off more than they could chew - or found themselves playing roles in the NHL they didn't expect.

[30ranfordfan]

If you get enough former players suing the league the NHL is done. The NFL can handle it because they make way more money and frankly are more important to US television's survival so the media will cover for them and protect them because they have skin the game. Most people in the US wouldn't care if hockey went away but if the NFL did there would be riots even though the popularity of football in the US has taken a hit recently.

If the NHL doesn't want to shell out millions in law suits, then they should do things to mitigate their risk of law suits. That includes treating head injuries seriously today (and they don't) and may very well mean a better health plan for ex-players: even ones that didn't play enough games to qualify for a pension.

Good points, and no I'm not going to call you out on ageism, lol I'm no spring chicken either..

Also, I really do believe money has something to do with it too. A lot of these guys involved in these class action lawsuits, weren't the best players (most were enforcers) and they didn't make much during their professional careers, and now they have an opportunity to perhaps get a little more from the NHL... I'm not saying they're greedy, but I do think there is an opportunity to get some extra cash and I'm sure these guys have legitimate symptoms - but not only that but I think many players are "lost" after hockey because many have no real skills, all they knew/know is hockey and now that it's over how are they supposed to support themselves? especially if they have CTE...

I mean I do find it interesting that a guy like Mike Peluso is leading the charge against the NHL for concussions/CTE lawsuits, yet a guy like Stu Grimson isn't involved and I say this because Stu Grimson is a lawyer so he has a career outside of hockey and Mike Peluso (as far as I know) doesn't do anything... And Al Secord is another good example - he was a pretty physical player that had no problem dropping the gloves and going toe to toe with anyone, but he's a commercial airline pilot (I believe he flies American Airlines) - but you would expect guys like Grimson or Secord to a lesser extent would have concussion issues, but it appears they don't - or at least they've not spoken about it.... It just seem the players involved in these class action lawsuits really have had no life after hockey and didn't make much as players..... But like I said - I'm not saying these former players are greedy or that their complaints aren't legitimate - I just find the players coming forward with these allegations interesting given their lives after hockey.

And I don't know if it's ignorance on their part -- I mean it has to be obvious to these guys that hockey can take it's toll physically on their bodies, and that it's very possible that they could sustain life altering injuries both physically and mentally - I mean if these guys didn't consider that then they are ignorant... I will say this much tho - some coaches used some of these guys like Peluso, Grimson, Nilan, Kocur, Probert etc as human punching bags, so I think perhaps some of them bit off more than they could chew - or found themselves playing roles in the NHL they didn't expect.

Money, obviously, has something to do with it. It's a big part of it.

Modern players (I'm thinking guys from the late 90s and onward) are probably less likely to get into these sorts of things. While I'm generalizing: They made very good money when they played. If they were smart with it (or had good advisers) it's very reasonable to think that a 4th line role player, who got into 400 games between 1998 & 2005, is a millionaire today. He's got a pension, and has some health benefits. He may not be in great health now - but he's got the ability to take care of himself. Players who went on to be air line pilots or lawyers - they're probably doing okay financially too. Without the financial strain, there's less pressure.... less desperation... to use a lawsuit against the league to gain the financial ability to take care of yourself.

Prior to 1991, players didn't even really know what the other guys around the league made. At the time of Salary disclosure, there was only 3 million+ players in the NHL Many were making tens of thousands. A good job, sure... but it's not like Al Secord actually got rich playing hockey.

So yeah... I think Peluso leading the charge is a direct result of the fact that he needs the help. Grimson? Doesn't need the help, so he's not involved.

You've nailed what makes the CTE / Concussion problem so confounding.... as there is no way to definitivly say who gets one, and when. What's the long term damage? Doctors don't really know.... they just know what can lead to CTE (head trauma). I'm guessing you can find retired players with bad brain issues.... that never had more than one or two fights in their lives - and others like Grimson or Kypreos that seem to be find, despite having many.

At the end of the day: The NHL is paying men to knock each other out for our entertainment. They're (now) paying them well, but really what good is millions of dollars if you can't remember your kids' name, or you have to live in a dark room? If the league withheld information regarding seriousness of the risks involved: They can be, and should be, held accountable for that. Perhaps the league was also as willfully ignorant as the players for all those decades, but that seems pretty unbelievable.

[Maggot]

If the players were that concerned about it, the NHLPA would have been funding their own studies into the risks. The players had/have access to all of the same information as the league in relation to head injuries. At the end of the day, the ball is in the players' court - they have no one to blame but themselves if they choose to continue playing the game (which I hope they do).

Berard and the like are just looking for a payday b/c they mismanaged their money.

[Savard18]

If the NHL doesn't want to shell out millions in law suits, then they should do things to mitigate their risk of law suits. That includes treating head injuries seriously today (and they don't) and may very well mean a better health plan for ex-players: even ones that didn't play enough games to qualify for a pension.



Money, obviously, has something to do with it. It's a big part of it.

Modern players (I'm thinking guys from the late 90s and onward) are probably less likely to get into these sorts of things. While I'm generalizing: They made very good money when they played. If they were smart with it (or had good advisers) it's very reasonable to think that a 4th line role player, who got into 400 games between 1998 & 2005, is a millionaire today. He's got a pension, and has some health benefits. He may not be in great health now - but he's got the ability to take care of himself. Players who went on to be air line pilots or lawyers - they're probably doing okay financially too. Without the financial strain, there's less pressure.... less desperation... to use a lawsuit against the league to gain the financial ability to take care of yourself.

Prior to 1991, players didn't even really know what the other guys around the league made. At the time of Salary disclosure, there was only 3 million+ players in the NHL Many were making tens of thousands. A good job, sure... but it's not like Al Secord actually got rich playing hockey.

So yeah... I think Peluso leading the charge is a direct result of the fact that he needs the help. Grimson? Doesn't need the help, so he's not involved.

You've nailed what makes the CTE / Concussion problem so confounding.... as there is no way to definitivly say who gets one, and when. What's the long term damage? Doctors don't really know.... they just know what can lead to CTE (head trauma). I'm guessing you can find retired players with bad brain issues.... that never had more than one or two fights in their lives - and others like Grimson or Kypreos that seem to be find, despite having many.

At the end of the day: The NHL is paying men to knock each other out for our entertainment. They're (now) paying them well, but really what good is millions of dollars if you can't remember your kids' name, or you have to live in a dark room? If the league withheld information regarding seriousness of the risks involved: They can be, and should be, held accountable for that. Perhaps the league was also as willfully ignorant as the players for all those decades, but that seems pretty unbelievable.

As far as salary, there is some data out there going back to the 60's, but yea - your typical 4th liner in the 80's or early 90's was making between 40k and 80k a year NHL salary so money certainly plays a role.... But I have to disagree with you, the NHL (as a league) shouldn't be held responsible for these players issues. I'm a firm believer in personal responsibility - and these guys no matter what era they played in had to have known fighting and playing a more physical style of hockey was bad for their bodies both physically and mentally. I will say this much tho, after reading many hockey books authored by various players I think some coaches could be held responsible (cough cough, Mike Keenan).. Because ultimately it's really the coaches decisions that lead to players getting rough or dropping the gloves, well not all the time but some of the time. But even then, a player should know better, but a the same time if he wants a job at the NHL level he needs to follow orders, er play hard because there will always be someone willing to do their job.

But absolutely money has a lot to do with it..

On a different note, I see you collect Oilers cards, I have a few you may be interested in.

1983-84 Vachon Food Jari Kurri
1983-84 Vachon Food Wayne Gretzky

Tough cards.