Monday, March 28, 2016

US Federal Court Unseals Emails in NHL Concussion Case








A United States Federal Court in Minneapolis has unsealed E-mails dealing with the concussion lawsuit between the National Hockey League and its former players linking fighting to concussions. 

TSN’s Rick Westhead reports on their site that one of the exchanges includes a 2011 E-mail from Deputy Commissioner Bill Daly linking fighting to concussions, depression and personal tragedies. 

In the report it also says that a top official for the league has made a contention that players have used pills to help them with everything from waking up, to falling asleep, to easing pain and just getting amped up. 

Daly’s, September 2011 E-mail regarding the personal tragedies, was sent in reference to the three enforcers, Derek Boogaard, Rick Rypien and Wade Belak, who had passed away within a span of four months.

Another of the E-mails was one from an article entitled “Getting Rid of Hockey’s Goons,” in The Globe and Mail, that former Chief Disciplinarian for the NHL and current Toronto Maple Leafs President, Brendan Shanahan sent to Daly and NHL Commissioner Gary Bettman. 

Westhead’s article mentioned that Bettman’s response to Shanahan and Daly was “Do you remember when we tried to eliminate the staged fights, the fighters objected and so did the players association. Eliminating fighting would mean eliminating the jobs of the ‘fighters’ meaning that these guys would not have NHL careers.” 

The article also said that the email response went on to say, “An interesting question is whether being an NHL fighter does this to you (I don’t believe so) or whether a certain type of person who wouldn’t otherwise be skilled enough to be an NHL player gravitates to this job (I believe more likely).”

Daly’s response to the reply was, “I tend to think it is a little bit of both. Fighting, raises the incidence of head injuries and concussions, which raises the incidence of depression onset, which raises the incidence of personal tragedies.” Bettman also had wrote that “I believe fighting and possible concussions could aggravate a condition, but if you think about the tragedies there were probably certain predispositions.” 

He added, “Again the bigger issue is whether the NHLPA would consent to eliminate a certain type of role and player. And if they don’t, might we try to do it anyway and take the fight.”  

Westhead also wrote that Shanahan’s response to the E-mails was, “The previous regime at the NHLPA would definitely fight it. But I thought their current position on illegal checks to the head is that it should encompass all contact, if we keep this simply about concussions and brain injuries then how can they argue against it.”
 
Shanahan also added that NHL tough guys had always found ways to self-medicate when dealing with their role. He wrote, “This is not the same role as it was in the 80’s and 90’s. Fighters used to aspire to become regular players. Train and practice to move from the fourth line up to the third. Now they train and practice to become more fearsome fighters.” He added, “They used to take alcohol or cocaine to cope, now they take pills. Pills to sleep. Pills to wake up. Pills to ease the pain. Pills to amp up. Getting them online.”

The TSN article mentioned that Bettman’s final E-mail in the September 3, 2011 chain stated that it was not certain that the NHLPA would agree to eliminate fighting. 

Lawyers for the former players say that the E-mails contradict the league’s stance on the link between hockey and long-term brain injuries. 

Michael Cashman, the lawyer for the former players said that, “While the National Football League has recently admitted the link between repetitive trauma in sport and long-term brain injuries, the NHL continues to deny the link, insisting that hockey is not football.”
 
Cashman added, “Contrary to those public denials, this internal E-mail from senior NHL Executive Bill Daly to Commission Bettman, acknowledges the link between head injuries, depression and personal tragedies.”
 

The documents disclosed by U.S. Federal Court Judge are just a few of the exhibits that the league had fought to keep hidden from public view in the case. Judge Nelson’s ruling came after the lawyer for the players had appealed a magistrate judge’s ruling agreeing with the NHL to keep the exhibits sealed.

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