NHL
wins dismissal of Boogaard lawsuit over enforcer's death
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[June 06, 2017]
By Jonathan Stempel
(Reuters) - A U.S. judge on Monday
dismissed a wrongful death lawsuit against the National Hockey
League by the family of former enforcer Derek Boogaard, while
admonishing the league to do a better job taking care of its
players' health.
U.S. District Judge Gary Feinerman in Chicago said Len and Joanne
Boogaard lacked authority to sue because they were not named
trustees for their son's estate within three years of his May 2011
death at age 28, as applicable Minnesota law required.
He also said the Boogaards forfeited claims that the NHL negligently
promoted a "culture of gratuitous violence" and concealed the
long-term risks of concussions, saying they "utterly and
inexplicably" failed to address the league's contrary arguments.
"Although judgment is entered in the NHL's favor, this opinion
should not be read to commend how the NHL handled Boogaard's
particular circumstances - or the circumstances of other NHL players
who over the years have suffered injuries from on-ice play,"
Feinerman wrote.
William Gibbs, a lawyer for the Boogaards, declined to comment. The
NHL and its lawyers did not immediately respond to requests for
comment.
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The lawsuit sought to hold the NHL, its board of governors and
Commissioner Gary Bettman responsible for physical trauma and brain
injuries suffered by Derek Boogaard in his six seasons as a left
winger for the Minnesota Wild and New York Rangers.
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Boogaard died of an accidental overdose of
painkillers, and was later found to have chronic traumatic
encephalopathy, or CTE, resulting from repeated blows to the head.
His parents said Boogaard fought at least 66 times during games, and
that the NHL should not have let him play after he had suffered a
relapse following treatment for opioid addiction.
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Dozens of former players are pursuing class action claims against
the NHL in a Minnesota federal court over its alleged failure to
warn about the dangers of head trauma.
The league has said its conduct was appropriate based on what was
known. Bettman, in a letter to Senator Richard Blumenthal of
Connecticut last July, denied a link between concussions and CTE.
The case is Boogaard et al v. National Hockey League et al, U.S.
District Court, Eastern District of Illinois, No. 13-04846.
(Reporting by Jonathan Stempel in New York; Editing by Andrew Hay) [© 2017 Thomson Reuters. All
rights reserved.]
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