Boogaard family sues NHL over death: report

The New York Times is reporting that Derek Boogaard’s family has filed a wrongful- death lawsuit against the National Hockey League.

In the lawsuit, the family says the NHL is responsible for the brain damage that Boogaard sustained during six seasons as an enforcer in the league and for his addiction to prescription painkillers.

Boogaard was found dead of an accidental overdose of pain medication and alcohol on May 13, 2011. He was 28. He was posthumously diagnosed with chronic traumatic encephalopathy, a degenerative brain ailment that is caused by repeated blows to the head.

The Times reports the suit was filed late Friday by the Chicago law firm of Corboy & Demetrio, in the Circuit Court of Cook County.

“To distil this to one sentence,” William Gibbs, attorney for the Boogaards, told The Times, “you take a young man, you subject him to trauma, you give him pills for that trauma, he becomes addicted to those pills, you promise to treat him for that addiction, and you fail.”

Boogaard was under contract with the New York Rangers at the time of his death. He played his first five NHL seasons with the Minnesota Wild and one season with the Rangers after signing a four- year, $ 6.5 million contract with New York in July 2010.

Boogaard sustained a concussion during his last game on Dec. 9, 2010. Known as one of the league’s toughest fighters, the 6- foot- 7, 255- pound Boogaard played 277 NHL games, scored three goals and racked up 589 penalty minutes.

Boogaard’s family filed a lawsuit against the NHL Players Association last September, seeking $ 9.8 million, but it was dismissed this spring. The family said the union, after expressing interest in helping pursue a case against the league, missed a deadline for filing a grievance. A judge ruled the family waited too long to act and dismissed the case. The Times reports the family used a different lawyer in that case.