Montador's family to sue NHL after CTE diagnosis

[sureLoss]

http://www.tsn.ca/montador-s-family-to-sue-nhl-1.281028

The family of Steve Montador is planning to launch a lawsuit against the NHL in the wake of news the late defenceman suffered from chronic traumatic encephalopathy, widely known as CTE.

The disease, which can only be diagnosed after death, is closely linked to Alzheimer’s Disease and is believed to be caused by repeated brain trauma. Scientists have said CTE has been tied to aggressiveness, memory loss, and alcohol and drug addictions.

Before his death in February, Montador, 35, retained Chicago lawyer Bill Gibbs to represent him as a plaintiff in the concussion case against the NHL. Gibbs told TSN that Montador’s family has advised him to proceed with a lawsuit against the NHL.

Gibbs said he’s uncertain where he’ll file the case, but expects to do so within the next month.

Gibbs said he’s also unsure whether Montador’s estate would sue the NHL independently or as part of the broader concussions lawsuit against the league.
“The first thing that strikes me with hm is that someone at 35-years-old could be gone and number two, that he had such widespread disease in his brain from repetitive hits,” said Gibbs, a lawyer with the law firm Corboy and Demetrio. “It’s scary, really disturbing. At an age when the world is supposed to be ahead of you, instead his world was ending with a deteriorating and decaying brain.”

[VladtheImpaler]

First one, right? Have been waiting the NHL's turn.

[Resolute 14]

"It's everyone else's fault he made the decision to play a contact sport!"

[VladtheImpaler]

Originally Posted by Resolute 14

"It's everyone else's fault he made the decision to play a contact sport!"

Sure, but once the NFL got sued and paid, it was only a matter of time.

[Hockeyguy15]

I'm a little surprised/confused, wouldn't they want to be suing the team that he was on when he had the concussion issues as well as the NHL?

[burn_this_city]

Did we even know this condition existed when he started playing?

[blender]

Originally Posted by Resolute 14

"It's everyone else's fault he made the decision to play a contact sport!"

Is not just a sport; it's a business, and IF there is proven to be an issue of neglect of worker's safety there could be serious consequences.

The "he made his own choices" defense is no defense at all.

I like hockey, hard-hitting hockey, but I don't want to see players coming out damaged in their thirties.

[Tinordi]

This is only the beginning.

[Flashpoint]

Originally Posted by burn_this_city

Did we even know this condition existed when he started playing?

No. "He got his bell rung" was something you walked off.

It's one thing to play hockey as a kid (when most "consent" to contact for the first time). It's something else when 200lb Scott Stevens takes a hard plastic shoulder or elbow pad and targets your skull at full speed.

As a pro, who turns down an NHL shot knowing this outcome is a possibility? Not 1 is my guess. What does the NHL do?

1) Pay money out the ass like the NFL
2) Ban head shots. Just like kicking.
3) Get tough on hard plastic equipment.
4) 5 and a game for charging.

It's a start. I'd like to see rink size increased to better reflect size and speed of players, but that'll never happen due to lost seat revenue.

Oh, and you can forget fighting here out. Too bad, but it was dying already, and this will kill it.

[Poe969]

Originally Posted by blender

Is not just a sport; it's a business, and IF there is proven to be an issue of neglect of worker's safety there could be serious consequences.

The "he made his own choices" defense is no defense at all.

I like hockey, hard-hitting hockey, but I don't want to see players coming out damaged in their thirties.

Neglect? I'm sure the NHL and the team have strict rules concerning equipment and there are even measures in place to sit someone after sustaining any kind of head trauma. The league is doing it's best to take out head shots and make the league more safe then it has been in the past. If anything, they should be suing the people who hit him and caused the concussions.

It's always sad when players suffer career ending injuries and worse when they suffer injuries that hamper their day to day life and a tragedy when death is the result of these injuries. I think the family is upset and taking it out on the NHL. I don't honestly see it as the leagues fault that he suffered these injuries and think it would be more just if his family were to sue the NHLPA. After all, it was other players that caused the injury wasn't it?

[Flash Walken]

As little as a month ago, the league had an opportunity to punish a deliberate hit to the head of an 18 year old player.

The hit violated the spirit and wording of their regulations, it was definitive and well captured on video, and the NHL chose to do nothing.

This is the standard to present in court. The NHL has failed time and again to actively address head injuries and the circumstances that create them on the ice. They continue to do so in reckless disregard for their contractor athletes.

Were I Montador's family, I would also be suing the union.

[Resolute 14]

Originally Posted by VladtheImpaler

Sure, but once the NFL got sued and paid, it was only a matter of time.

Yeah, I know. Wherever there is a chance to get paid, there will be a lawyer telling you how much of a victim you are as well.

The two problems I have with these suits is the fact that players make significant money, and we all know that nearly every one of them would still take the risk because of it, so I do feel a great deal of the onus lies on their own shoulders.

And related to that, the NHLPA should be one of the defendants to these lawsuits as well. If the players had any concerns about any this - before the lawyers got involved - then they should have been going to their union demanding this be investigated. Not only has the union done nothing on that front, but the union has actively campaigned against implementing other safety measures, i.e.: visors.

It is rather hypocritical for players to be saying "you didn't take steps to protect me" when the players themselves fought steps the league took to protect them.

[FlamesAddiction]

Just wondering, but in this type of lawsuit, what is the burden of proof that the plaintiff must bring? Do they need to prove that the NHL knew that the victim had issues and that they were still pressured to perform? Or is it good enough to just argue that the NHL didn't do enough to recognize the issue?

Everyone in the world knows that hockey is inherently a dangerous sport. Put someone on ice and on skates, then add speed and contact... there will always be a significant risk of head injury unless technology advances far beyond where it is now.

I am having trouble understanding what due diligence means in this case for the NHL. Is allowing contact at all enough to show that the NHL is negligent?

[AcGold]

I hope they get millions. The rules clearly state no head shots, what does the league do when there's blatant head shots? Absolutely nothing, yeah it's time to sue. Blame the players all you want, the NHL is not enforcing its own rules plain and simple.

Somebody better sue, if this one doesn't work the next one might. The head shot on Bennett should've gotten something, anything and the silence was insulting to the fans, Bennett, his team mates and his family.

[FlamesAddiction]

Originally Posted by AcGold

I hope they get millions. The rules clearly state no head shots, what does the league do when there's blatant head shots? Absolutely nothing, yeah it's time to sue. Blame the players all you want, the NHL is not enforcing its own rules plain and simple.

Somebody better sue, if this one doesn't work the next one might. The head shot on Bennett should've gotten something, anything and the silence was insulting to the fans, Bennett, his team mates and his family.

But is there any data that proves headshots are the main problem? Concussions happen on clean hits as well. As the brain shakes around in the head, there are going to be injuries ranging in size. It also seems like some people are just more prone than others.

The players should still be responsible for their actions. It's like a city putting up "no skateboarding" signs all over the place, then having some kid injure himself skateboarding and suing on the city for not doing enough to prevent him from doing it.

Maybe the only way to solve it is that once a player sustains a concussion, they are out of the league.

[Poe969]

Originally Posted by FlamesAddiction

The players should still be responsible for their actions. It's like a city putting up "no skateboarding" signs all over the place, then having some kid injure himself skateboarding and suing on the city for not doing enough to prevent him from doing it.

Actually, it's more like the city putting up no skateboarding signs everywhere but kids still skateboard and then injure some by standard and then that by standard suing the city because a kid hurt them because the kid was skateboarding.

The league didn't put a mandate out to hit Steve Montador. It's like saying "he hit me, I'm suing you!" If your house gets robbed, do you sue the police for not protecting you enough?

[Bandwagon In Flames]

Originally Posted by FlamesAddiction

But is there any data that proves headshots are the main problem? Concussions happen on clean hits as well. As the brain shakes around in the head, there are going to be injuries ranging in size. It also seems like some people are just more prone than others.

The players should still be responsible for their actions. It's like a city putting up "no skateboarding" signs all over the place, then having some kid injure himself skateboarding and suing on the city for not doing enough to prevent him from doing it.

Maybe the only way to solve it is that once a player sustains a concussion, they are out of the league.

Was that supposed to be a joke? Or are you unaware of how prevalent concussions are?

There is no way to completely solve this problem. It's a full contact sport which means injuries are going to happen to the body and the brain. The NHL is definitely NOT doing enough about concussion prevention though. For instance, the whole 'if a player is suspected of having a concussion they cannot go back onto the ice until cleared by medical staff' is complete crap and not enforced in the slightest.

[Street Pharmacist]

Originally Posted by burn_this_city

Did we even know this condition existed when he started playing?

That's really exactly what this and the other lawsuits are about.

It's not that the league isn't doing anything, it's:

Did the league know something before this became public knowledge and hide it from the players.

I'm guessing no

[FlamesAddiction]

Originally Posted by Bandwagon In Flames

Was that supposed to be a joke? Or are you unaware of how prevalent concussions are?

There is no way to completely solve this problem. It's a full contact sport which means injuries are going to happen to the body and the brain. The NHL is definitely NOT doing enough about concussion prevention though. For instance, the whole 'if a player is suspected of having a concussion they cannot go back onto the ice until cleared by medical staff' is complete crap and not enforced in the slightest.

That's my point though.

How much is enough from a due diligence point of view? If educating players and having medical professionals that can keep players from playing is not enough, then what is?

There are varying degrees of due diligence that can be applied, some more extreme than others. Even making it 100% non-contact still wouldn't remove the risk.

[terminator]

say bye to hockey as we know it.