Boogaard Wrongful Death Suit Dismissed

On Monday, June 5, 2017, an Illinois federal judge dismissed the remainder of a wrongful death lawsuit filed by the parents of former National Hockey League player Derek Boogaard, who died of an alcohol and painkiller-induced overdose on May 13, 2011. A subsequent examination of Boogaard’s brain led to the determination that he was suffering from Stage II chronic traumatic encephalopathy, or CTE., at the time of his death, which researchers attributed to “repeated blows to the head during his hockey career.” The lawsuit against…
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Former NHL Players Bringing Concussion Suit Ask Court to Unseal Concussion Class Certification Docs

Several former NHL players brought a concussion suit against the National Hockey League in 2013 based on allegations that they have all experienced long-term neurological issues as a direct result of concussions sustained while playing for the league; a suit precipitated by a settlement between the NFL and thousands of former players over similar allegations. The players claim the league neglected to provide adequate protection and information re concussion dangers and the possible repercussions. One of the players’ experts opined that the average NHL player…
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WWE Rings the Bell Again, Asks Judge to Throw More Brain-Injury Claims Out

On Thursday, September 8, 2016, World Wrestling Entertainment Inc. requested that a Connecticut federal judge preemptively disallow four former professional wrestlers from bringing any claims relating to brain injuries spawning from their times working to the entertainment company. According to the WWE, the latest round of ex-pro wrestlers can’t bring such claims because they are timebarred. Connecticut has a three year statute of limitations for any general tort claim; as well, it recognizes a two year statutory time period for potential plaintiffs to bring suit…
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Another Concussion Related Headache for NCAA and SEC

Yet another former football player has been added to the long list of former students suing the NCAA for its alleged negligent treatment of concussions. On June 8, 2016, Orenthal James Owens, a defensive back for the Tennessee Volunteers (2000-2003), filed an action in Indiana federal court claiming that the NCAA and SEC exposed him to the debilitating effects of concussions by turning a blind eye. During his time with the Volunteers, Owens remembers blacking out and suffering from memory loss following repeated blows…
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More Discovery Required in NHL Concussion Suit

On May 16, 2016, in the ongoing suit between retired NHL players and the league, a Minnesota Federal Judge ruled more discovery is needed to determine if the former player’s claims are preempted by an NHL Collective Bargaining Agreement and, if so, which one. In January, the NHL filed a motion to stay discovery until their motion to dismiss was ruled on, which the former players opposed. On Monday, a judge sided with the retired players in allowing discovery to continue. The six…
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New Study Shows High Rate of Brain Injury Among Retired NFL-Players

A new study, set to be presented at a meeting of the American Academy of Neurology (AAN), shows more than 40 percent of retired NFL players had signs of traumatic brain injury based on sensitive MRI scans (called diffusion tensor imaging), according to a recent Washington Post article. The study involved taking the brain scans of 40 retired NFL players while giving them concentration and memory tests, with the participants having had an average career length of seven years, an average of 8.1 reported…
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NHL Wants Independent Medical Examination of Former Players

In a Minnesota federal court on Monday, February 29, 2016, the National Hockey League filed a motion to compel the medical examinations of some of the former players in the concussion MDL suit currently sitting against the league. The NHL argues that in cases of this nature, i.e., those where a plaintiff makes a claim about his current and future mental and physical health, it is routine procedure for said plaintiff to undergo an independent examination. The league’s memo in support argues there exists good…
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Riddell Concussion Update: Helmet Company Thrown Back into NFL Suit

Between January 27 and February 3, 2016, US District Judge Anita B. Brody handed down two new orders in the seemingly never-ending NFL concussion suit. The first decision was actually a reversal of one of Judge Brody’s previous ones, turning over her December 2015 decision to sever claims against helmet-maker Riddell, Inc., who is being targeted by the former players in the suit for making an inferior work product that caused, or at least did not properly prevent, concussion and other head injuries on the…
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Standing His Ground: Plaintiffs’ Attorney Releases Statement On Concussion Settlement Appeal

On April 22, 2015 a U.S. District Court approved a $765 million dollar settlement between the NFL and a massive class of ex-NFL players in their concussion litigation. A number of class members oppose the settlement, however, arguing that the settlement overlooks thousands of players that have not yet developed neurological diseases, but are likely to do so in the future. Christopher Seeger, co-lead counsel for the ex-NFL players, has stood by the settlement, putting him at odds with the other plaintiffs’ attorneys that…
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Judge To Move Forward With Decision In Boogaard Wrongful Death Suit v. NHL

In 2013, the late NHL player Derek Boogaard’s parents filed a wrongful death suit in Illinois against the NHL. The plaintiffs allege that Boogaard’s death was a result of the NHL’s post-concussion drug treatment program, as Boogaard died in May of 2011 at the age of 28 after a prescription drug overdose. It was Boogaard’s team doctors that introduced him to the pain medication. In recent weeks, a fight ensued over documents in a separate but seemingly related case. A federal judge in the…
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