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NHL, former players legally spar over requiring exams to prove conditions NHL, former players legally spar over requiring exams to prove conditions
(about 2 hours later)
Lawyers representing former National Hockey League players in a class-action suit and those from the league grappled last week over whether independent medical examinations for players in the case should be required or whether they constitute an intimidation tactic. Lawyers representing former NHL players in a class-action suit and those from the league grappled last week over whether independent medical exams for players in the case should be required or whether they constitute an intimidation tactic.
More than 100 retired players are suing the league, claiming it withheld proper treatment and information regarding the sport’s risks pertaining to damage caused by concussions. The players are seeking medical monitoring and enhanced medical care.More than 100 retired players are suing the league, claiming it withheld proper treatment and information regarding the sport’s risks pertaining to damage caused by concussions. The players are seeking medical monitoring and enhanced medical care.
The NHL wants players involved in the suit to undergo independent medical examinations if they have shown symptoms commensurate with brain trauma in order to prove their disorders. The league’s lawyers also asserted that those symptoms could have been caused by events outside an NHL career. Defense lawyer John Beisner cited, theoretically, a car accident as a way a player could have suffered a concussion.The NHL wants players involved in the suit to undergo independent medical examinations if they have shown symptoms commensurate with brain trauma in order to prove their disorders. The league’s lawyers also asserted that those symptoms could have been caused by events outside an NHL career. Defense lawyer John Beisner cited, theoretically, a car accident as a way a player could have suffered a concussion.
[Emails show NHL bosses recognize concussion concerns more than they say][Emails show NHL bosses recognize concussion concerns more than they say]
The players’ side argued that the NHL is trying to intimidate players into not joining the suit by mandating invasive tests and revealing potentially embarrassing personal information, such as drug problems, about those involved.The players’ side argued that the NHL is trying to intimidate players into not joining the suit by mandating invasive tests and revealing potentially embarrassing personal information, such as drug problems, about those involved.
The debate was triggered by the withdrawal from the suit of Steve Ludzik, a 54-year-old former Chicago Blackhawks forward and Tampa Bay Lightning coach. Ludzik left the suit in early March when the NHL requested he submit to a PET scan, a draining test that measures brain activity, to prove he had Parkinson’s disease, which he has said he was diagnosed with in 2000.The debate was triggered by the withdrawal from the suit of Steve Ludzik, a 54-year-old former Chicago Blackhawks forward and Tampa Bay Lightning coach. Ludzik left the suit in early March when the NHL requested he submit to a PET scan, a draining test that measures brain activity, to prove he had Parkinson’s disease, which he has said he was diagnosed with in 2000.
“I’m a perfect guy to be involved in this lawsuit,” Ludzik told Canadian sports network TSN earlier this month. “I’ve been damaged. I have more money than I can spend in three or four lifetimes, and I love the players. But I don’t have the physical strength. I don’t need anybody accusing me of anything.”“I’m a perfect guy to be involved in this lawsuit,” Ludzik told Canadian sports network TSN earlier this month. “I’ve been damaged. I have more money than I can spend in three or four lifetimes, and I love the players. But I don’t have the physical strength. I don’t need anybody accusing me of anything.”
The players’ lawyers told the judge they would consent to certain medical examinations, so long as they helped players in the long run and included patient-doctor privileges. But they painted the NHL’s desired tests as harmful and unfair. The players’ lawyers told the judge they would consent to certain medical exams, so long as they helped players in the long run and included patient-doctor privileges. But they painted the NHL’s desired tests as harmful and unfair.
The medical exams the NHL sought would be “for advocacy and intimidation,” plaintiffs lawyer Charles Zimmerman said, according to the transcript. “If they want to create a message of care, treatment, and benefits to players who need it, we have a lot to talk about. But if they want to come in here and subject these people to long and involved and arduous examinations which started with spinal taps and started with invasive testing, and now is going today to — I think what they said 16 hours of tests, all of it — perhaps all over the country, we are here to try and protect them, protect our clients from that kind of — what I call abuse, maybe it’s intimidation — but it certainly isn’t a reasonable IME, Your Honor.”The medical exams the NHL sought would be “for advocacy and intimidation,” plaintiffs lawyer Charles Zimmerman said, according to the transcript. “If they want to create a message of care, treatment, and benefits to players who need it, we have a lot to talk about. But if they want to come in here and subject these people to long and involved and arduous examinations which started with spinal taps and started with invasive testing, and now is going today to — I think what they said 16 hours of tests, all of it — perhaps all over the country, we are here to try and protect them, protect our clients from that kind of — what I call abuse, maybe it’s intimidation — but it certainly isn’t a reasonable IME, Your Honor.”
The NHL’s lawyers responded by saying their requests were standard within the parameters of class-action suits.The NHL’s lawyers responded by saying their requests were standard within the parameters of class-action suits.
“If what we’re asking for is intimidation, then somebody ought to go talk to the Advisory Committee of the Civil Rules because the Civil Rules say that if you file a lawsuit, the Defendant gets discovery,” said Beisner, the defense lawyer, according to the transcript.“If what we’re asking for is intimidation, then somebody ought to go talk to the Advisory Committee of the Civil Rules because the Civil Rules say that if you file a lawsuit, the Defendant gets discovery,” said Beisner, the defense lawyer, according to the transcript.
“I’m sorry if that’s intimidation. That’s what happens when you file a lawsuit.”“I’m sorry if that’s intimidation. That’s what happens when you file a lawsuit.”