Dayton Daily News

Retired players, NHL reach $19M concussion­s deal

- By Stephen Whyno

The National Hockey League announced a tentative $18.9 million settlement Monday with more than 300 retired players who sued the league and accused it of failing to protect them from head injuries or warning them of the risks involved with playing.

The lawsuit, consolidat­ed in federal court in Minnesota, was by far the largest facing the league. The NHL, as it has for years, did not acknowledg­e any liability for the players’ claims in the proposed settlement and can terminate the deal if all 318 players or their estates don’t elect to participat­e.

The settlement is significan­tly less than the billion-dollar agreement reached between the NFL and its former players on the same issue of head injuries. Each player who opts in would receive $22,000 and could be eligible for up to $75,000 in medical treatment.

The settlement comes four months after a federal judge denied class-action status for the retired players, a significan­t victory for the league in the lawsuit filed in November 2013. U.S. District Judge Susan Richard Nelson in July denied class-action status, citing “widespread difference­s” in state laws about medical monitoring that would “present significan­t case management difficulti­es.”

The bid for class-action status would have created one group of all living former NHL players and one group of all retired players diagnosed with a neurologic­al disease, disorder or condition. Had Nelson certified the class action, more than 5,000 former players would have been able to join the case.

The NFL settlement covers more than 20,000 retired players, and lawyers expect payouts to top $1.5 billion over 65 years. As of last month, the NFL concussion lawsuit claims panel has approved more than $500 million in awards and paid out $330 million.

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