As reported by The Washington Post and several other media outlets, family members of deceased NHL player Derek Boogaard have filed a wrongful death lawsuit against the NHL, for creating his drug dependence by giving him pain medications to offset head injuries.
Both the drug addition – Boogaard died of an accidental overdue of pain medication and alcohol – and chronic traumatic encephalopathy allegedly contributed to his death on May 13, 2011.
J. Boogaard said that her son played for six seasons and, at 6 foot 7 inches, was one of the most dreaded enforcers. He was there to defend his teammates and not to skate or to score points. A statement released by her lawyer read, "He was there protecting his teammates at all costs, but who was there to protect him?"
According to the lawsuit Boogaard was posthumously diagnosed with the degenerative brain ailment, chronic traumatic encephalopathy, which was caused by repeated blows to the head.
William Gibbs, one of the family's attorneys, stated that the NHL had given Boogaard "pain pills like candy" after he sustained several injuries.
Gibbs said, "The NHL drafted Derek Boogaard because it wanted his massive body to fight in order to enhance ratings, earnings and exposure. Then, once he became addicted to these narcotics, the NHL promised his family that it would take care of him. It failed."
The NHL has yet to issue a statement on the lawsuit.
There are parallels with this case and ones that the NFL is currently facing. It has been speculated that the two leagues held back information they had gained on the correlation between violent injuries that occur in each sport and traumatic brain injuries. The leagues also continue to expect their injured players to continue to perform.
Gibbs is representing other former NFL players, including the family of Dave Duerson who played for the Chicago Bears before committing suicide.
Gibbs added, "The Boogaard family desperately wants meaningful change to happen so that this never happens to another kid. What exactly that looks like and what exactly can be done is hopefully a discussion the league begins to have vis-a-vis enforcers, the distribution of pain management pills and it's substance abuse program."
During his six-year career Boogaard received 1,021 prescriptions. Those that dispensed the prescriptions allegedly included NHL team doctors, dentists, trainers and staff.
The suit states that during April of 2011 the NHL "knew, or should have known, that Derek Boogaard, a known drug addict, with probable brain damage due to concussive brain traumas sustained in NHL fights, was not complying with treatment (at a treatment center)."
Boogaard played his first five seasons with the Minnesota Wild and his last with the New York Rangers. He was under contract with the Rangers when he died.
An earlier suit seeking $9.8 million in damages was dismissed by a judge who ruled that the family had waited too long to act.
Whether your loved one was a professional hockey player or not, if you suspect that their death was caused by the negligence of another party contact a personal injury lawyer. Along with a monetary award, a lawsuit can also force change that would prevent others from harm.