Players take hit in concussion fight vs. NHL

Former hockey players seeking to unify their concussion fights against the NHL were dealt a significant blow last week.

A Minnesota judge denied class-action status to a group of more than 100 individual players who accuse the NHL of not making them aware of the dangers of head injuries while promoting a culture of violence.

Citing difficulties in administering state-by-state medical monitoring that players are seeking, U.S. District Court Judge Susan Richard Nelson ruled against the players in a 46-page order issued Friday. Her decision prevents the players from separating their claims into two classes — one of living former NHL players and one made up of retired players, both living and dead, diagnosed with a brain trauma. Nelson’s decision also prevents thousands more former players from joining the lawsuit.

“The litigation continues. We will continue to litigate the players’ claims on a case-by-case basis, for all who have incurred injuries and damages,” Charles Zimmerman, a lawyer for the players, told ESPN. “Players with traumatic brain injuries need to file their claims and justice will prevail as we move forward.”

“We are, of course, disappointed in the Court’s decision, but have the highest respect for Judge Nelson,” Stuart Davidson of Robbins Geller Rudman & Dowd, co-lead counsel for the former NHL players, said in a statement.

“We appreciate the amount of time, effort, and thought the Court put into not only the class certification issue, but the entire case over the last four years. We are considering all of our options at this time, including whether to appeal the Court’s ruling or move directly onto trying individual cases against the NHL such as the one brought by the Estate of beloved player Steve Montador.”

Former football players dealing with head injuries won a class-action settlement against the NFL for a reported $1 billion after a cap on damages was removed in 2015. Hockey players dealing with some of the same ailments, including dementia, will now have to fend for themselves in seeking help.