Boogaard family sues NHL

[nyr2k2]

How you gonna prove the rangers or the league knew or instructed the doctors to do that? And why would the Rangers want him to exceed a safe dosage. Makes no sense

Well it's not hard to establish what the team doctors prescribed him. If he's an employee of the team (and therefore the league), and he's under their medical care, there's an obligation for them to make sure he's being treated properly and safely. If the team was aware of substance abuse issues with Derek (NYR and MIN both were), and continued to send him to the team doctor to receive large (excessive?) quantities of the medications he had a propensity to abuse, it could easily be called reckless negligence on their part. Additionally, the suit is making claims about the NHL not doing enough to protect enforcers.

I'm not saying I necessarily agree with the family's suit on a personal level. But that's the argument that they're going to make, and I think it's fairly compelling from a legal standpoint (though I'm no lawyer!). It's not that anyone wanted him to overdose, rather that they knew he was at serious risk and continued to provide him more than ample supplies of dangerous drugs. Reckless indifference almost.

 

[Hockey Team]

I think it's insane that the ranger's (and other team's) doctors were wildly prescribing boogard with painkillers without ever being 'aware' of the prescriptions granted by the other team doctors. Whether they just pretended like they didn't know, or actually didn't, it doesn't matter as it's incredibly negligent and irresponsible on the team's behalf.

The rangers gave boogard an amount of pills that he could only ever sell or kill himself with.

If he was getting multiple prescriptions without informing his doctors that he was getting those prescriptions then he's the one doing the wrong. That's called doctor shopping.

It'd be a different story if he said to the doc prescribing "oh, I'm already getting this from so and so."

 

[bobby peru]

It's not doctor shopping when they are all the team doctors. They have an ethical and professional obligation to make sure he is being treated properly, regardless of the fact that he was a known abuser CURRENTLY in treatment.

Your point is even more ridiculous because what doctors in the real world would give out such amounts of the strongest pain meds available with no questions asked? "Oh your back hurts Derek? Take some more pills, just be responsible with them! I'm only your Dentist" Do you think such a doctor isn't negligent? He is certainly failing to perform a number of duties as one of Derek's medical professionals. The idea that it's ok that you can doctor shop within the team is silly. It's outright negligence.

When you think about the fact that the doctors were on a team, knew of Derek's abuse problems, didn't bother to make a basic effort into determining whether or not Derek was already being prescribed more pills than he could ever use (by the same team doctors), it's outright disturbing. It's a system designed to churn players. Dope 'em up and get 'em out on the ice. Unfortunately these are lives we are talking about. Boogaard is an extreme example of this in that he actually killed himself, but if you come to understand the quality of life he was leading prior to the suicide, it's no surprise. It seems to me that he was reduced to a shell of a person. If he didn't kill himself, he would've been plagued with a life of miserable depression and never ending pain in his body and mind.

 

[Swept In Seven]

I had a bit of a problem with oxy (blues) back when I played Juniors, but I have been clean for a few years now. You'd be surprised how many young players have drug habits.

As for Boogaard, he made a mistake that cost him his life. I do not believe that his family will win this case

 

[Stugots]

I'm almost a lawyer (just graduated law school) so I'll weigh in on this I guess. As far as the claim against the team doctors, I agree with everything nyr2k2 said. I don't know all the facts but assuming the doctors knew about Boogaard's abuse problems and continued to prescribe him meds, then it is highly possible they could be found negligent and the teams might be forced to settle with the Boogaard family.

As far as the suit against the NHL, I think it is bogus. Enforcers are the ones who choose to fight. Enforcers know that fighting is dangerous- no one forces them to choose a career path that includes violent contact on a night-by-night basis. You can't make a career out of fighting and then turn around and sue someone claiming that you didn't know if the risks if it leads to future health problems or worse, death. Fighting is inherently dangerous- if as a player you do not have enough skill to cut it as a top 9 forward then you either take on the risk of being a tough guy or you should retire and do something else.

 

[Richter Scale]

Well it's not hard to establish what the team doctors prescribed him. If he's an employee of the team (and therefore the league), and he's under their medical care, there's an obligation for them to make sure he's being treated properly and safely. If the team was aware of substance abuse issues with Derek (NYR and MIN both were), and continued to send him to the team doctor to receive large (excessive?) quantities of the medications he had a propensity to abuse, it could easily be called reckless negligence on their part. Additionally, the suit is making claims about the NHL not doing enough to protect enforcers.

I'm not saying I necessarily agree with the family's suit on a personal level. But that's the argument that they're going to make, and I think it's fairly compelling from a legal standpoint (though I'm no lawyer!). It's not that anyone wanted him to overdose, rather that they knew he was at serious risk and continued to provide him more than ample supplies of dangerous drugs. Reckless indifference almost.

Re: bold. It is very likely that they do have a good case. Based on the bits and pieces that we know, it is pretty damning for the NHL/team docs. Just based on what is out there, one can only assume that there is a good amount of additional evidence that we don't know which makes the case even more compelling.

The thing people who are saying the family has no case are missing in this thread is that the family doesn't have to prove that the NHL intended to kill him, did kill him, or was directly responsible for his death. They will be looking to prove gross negligence, which isn't much of a stretch based on what is out there. There is a difference.

Yes, he took the pill and mixed it with alcohol. But the events of the many years prior in which he was trusting team doctors to have his best interest in mind - rather than the best interest of the team/league - played a big role in him ultimately being in that situation. How those years and those events are portrayed in court and understood by the jury will have a big impact on the outcome on the case - and rightfully so - assuming it even goes to trial.

 

[Stugots]

Re: bold. It is very likely that they do have a good case. Based on the bits and pieces that we know, it is pretty damning for the NHL/team docs. Just based on what is out there, one can only assume that there is a good amount of additional evidence that we don't know which makes the case even more compelling.

The thing people who are saying the family has no case are missing in this thread is that the family doesn't have to prove that the NHL intended to kill him, did kill him, or was directly responsible for his death. They will be looking to prove gross negligence, which isn't much of a stretch based on what is out there. There is a difference.

Yes, he took the pill and mixed it with alcohol. But the events of the many years prior in which he was trusting team doctors to have his best interest in mind - rather than the best interest of the team/league - played a big role in him ultimately being in that situation. How those years and those events are portrayed in court and understood by the jury will have a big impact on the outcome on the case - and rightfully so - assuming it even goes to trial.

Exactly. As his doctor, they owed him a duty to make sure he wasn't abusing drugs if he had a history of it.

 

[Crease]

The prosecution argument will be twofold. First, they are going to attempt to establish that Boogaard's death was at least partially due to an addiction to painkillers. They're also going to attempt to convince the jury that the NHL knew or should have known that NHL enforcers were susceptible to concussive and sub-concussive brain trauma, which in turn increases the likelihood of addiction issues. Combine these two elements with the fact that NHL approved doctors were issuing Boogaard addictive medicine and you have yourself a fairly compelling case.

 

[pld459666]

Told you guys this was coming 2 years ago. An attorney in my building met with them, Rypiens family and a member of Mackenzie's family. Said they have a tremendous case.

not laughing at the what has happened with these guys, but every attorney is going to make that statement.

Suing a multi Billion dollar entity? Of course the wttorney is going to make that statement.

It's the statements that they make after they lose and lose all appeals that I want to hear.

 

[OverTheCap]

Boogaard was in the NHL/NHLPA's Substance Abuse and Behavioral Health Program since 2009. Both the Wild and the Rangers knew he had a substance abuse problem.

Were the team doctors aware of this? Did the team fail to notify their doctors that Boogaard was entered into this program? Someone was negligent here - a player enrolled in a league-sponsored substance abuse program should not have been prescribed painkillers by team doctors.

 

[Dagoon44]

If their lawsuit is that the death is because of the league, I don't see how they win, especially when it was Derek's brother that gave him the pill and Derek was the one that consumed alcohol after taking that pill.

If the lawsuit were that the league doesn't properly care for injured players, well, that's a different beast.

Fantastic post.
When I was interviewed for the piece on hockey night in Canada (never aired so don't ask) one the facts that was brought up was his brother providing the pain medications .. The other point was torts shunning of him and sending him home because of the pain killer use and not keeping him in NYC with the team.. Hundreds if not thousands have filled the role of enforcer 3-4 died problem is they all died within a year or so

 

[Fanned On It]

I don't.

It's ultimately the user's responsibility. He put those pills in his mouth.

And this is speaking as an ex-addict. I know what it's like.

I 100% agree. It was also his decision to be an enforcer in the first place. He wasn't FORCED to take that job in the NHL. It was how HE wanted to make HIS living. So, the concussions that he might have accrued are on him. His drug-addiction was also on him. Having said that, there is SOME responsibility that the Dr's have to take for continuing to prescribe opiates to a man who was clearly an addict.

Some of my best friends, people that are extremely close to me, were opiate-addicts so I speak from some experience.

 

[bobby peru]

what a charming argument:

"my friends were opiate addicts so therefore doctors are not expected to maintain ethics"

 

[Hockey Team]

what a charming argument:

"my friends were opiate addicts so therefore doctors are not expected to maintain ethics"

The guy was doctor shopping by not telling his doctors that he's already prescribed what they're giving him.

It's not on the doctor to do a background check on every patient to make sure they're not seeing other doctors for the same thing.

 

[bobby peru]

As I said previously - it's not doctor shopping when it's all the doctors on the team. AND they were aware of Boogard's well known substance abuse issue (he was in treatment at the time!).

I'm having a really hard time understanding how you can ignore all the above to make the statement you have. It's outright illogical - he didn't drive to a texas pill mill, he visited the TEAM DENTIST.

Background checks? What on earth are you talking about??

Your argument is that the team doctors don't have an obligation to meet the same ethical standards EVERY OTHER DOCTOR IN THE US does. You realize that any doctor giving out prescriptions in such a wanton fashion would be eligible to lose their license? Doctors ABSOLUTELY have an ethical duty to prescribe APPROPRIATE treatments. That you argue otherwise is mind-boggling. This is further compounded by the fact that an UNNECESSARY amount of painkillers is OBVIOUSLY not the appropriate treatment for a someone addicted to prescription painkillers.

Is this calculus really that tough?

 

[JayQueensNY88*]

This is such a fkn joke. His family seems like a bunch of as soles. Why can't they understand that Boogard did this to himself

 

[bobby peru]

Well, if he went to ANOTHER team's dentist I can see how that can be called doctor shopping.

 

[Bleed Ranger Blue]

Fantastic post.
When I was interviewed for the piece on hockey night in Canada (never aired so don't ask) one the facts that was brought up was his brother providing the pain medications .. The other point was torts shunning of him and sending him home because of the pain killer use and not keeping him in NYC with the team.. Hundreds if not thousands have filled the role of enforcer 3-4 died problem is they all died within a year or so

I guess when Tortorella signed on to be the New York Rangers' coach, he didnt notice the disclaimer that drug counselor was also part of his duties.

 

[Dagoon44]

As a coach you fill many roles teacher ,principal , friends , and sometimes a dad .. No one blamed torts but if he knew the problem was that ad which he did then he needed to do more

 

[beastly115]

He mixed alcohol with percs. As far as I know, being an addict and mixing painkillers with alcohol have nothing to do with each other. Whether he's an addict or not has nothing to do with it.