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 The lawsuit seeks damages and court-approved, NHL-sponsored
medical monitoring for the players' brain trauma and/or injuries,
which they blame on their NHL careers. It was filed in federal court
in Washington on behalf of players who retired on or before February
14 of this year and have suffered such injuries.
The suit comes just three months after the National Football League
agreed to pay $765 million to settle lawsuits from thousands of
former players who developed dementia or other concussion-related
health problems — and in an era when more attention is being paid to
the damages of head injuries sustained in sports.
Among other things, the suit claims that:
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The NHL knew or should have known about scientific evidence that
players who sustain repeated head injuries are at greater risk for
illnesses and disabilities both during their hockey careers and
later in life.
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Even after the NHL created a concussion program to study brain
injuries affecting NHL players in 1997, the league took no action to
reduce the number and severity of concussions during a study period
from 1997 to 2004. "Plaintiffs relied on the NHL's silence to their
detriment," the suit says.
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The league didn't do anything to protect players from unnecessary
harm until 2010, when it made it a penalty to target a player's
head.
"The NHL's active and purposeful concealment of the severe risks of
brain injuries exposed players to unnecessary dangers they could
have avoided had the NHL provided them with truthful and accurate
information and taken appropriate action to prevent needless harm,"
the lawsuit says.
Bill Daly, the league's Deputy Commissioner, issued a statement
Monday.
"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," the statement said. "We intend to defend the case
vigorously and have no further comment at this time."
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The suit argues that the league continues to
contribute to injuries today, by refusing to ban fighting and
body-checking, and by employing "enforcers" whose main job is to
fight or violently body-check opponents. And the lawsuit accuses
the league of promoting a "culture of violence," in which
players are praised for their fighting and "head-hunting"
skills.
Leeman, who played for the Toronto Maple Leafs, Calgary Flames,
Montreal Canadians, Vancouver Canucks and St. Louis Blues from
1983-1996, suffered multiple concussions and sub-concussive
impacts during his career, according to the lawsuit. Since his
retirement, he's suffered from post-traumatic head syndrome,
headaches, memory loss and dizziness, the lawsuit says.
In addition to Leeman, the other ex-players on the lawsuit are:
Bradley Aitken (Pittsburgh Penguins, Edmonton Oilers); Darren
Banks (Boston Bruins); Curt Bennett (Blues, New York Rangers and
Atlanta Flames); Richard Dunn (Buffalo Sabres and Calgary
Flames); Warren Holmes, (Los Angeles Kings); Robert Manno,
(Canucks, Maple Leafs and Detroit Red Wings); Blair James
Stewart (Red Wings, Washington Capitals and Quebec Nordiques);
Morris Titanic, (Sabres); and Rick Vaive (Canucks, Maple Leafs,
Sabres, and Chicago Blackhawks).
In a statement, Vaive said players "were kept in the dark about
the risks of concussions and many of the former NHL players are
now suffering from debilitating head injuries from their time in
the league. Hopefully this lawsuit will shine a light on the
problem and the players will get the help they deserve."
Earlier this year, NHL Commissioner Gary Bettman said, "We have,
on our own, a long history, going back to 1997, of taking
concussions very seriously. We spend a lot of time, money and
effort working with the players' association on player safety."
[Associated
Press; FREDERIC J. FROMMER]
Follow Fred Frommer on
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