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Bryan Berard Files Lawsuit Against the NHL for Brain Injuries

Wendy via Flickr

NHL

Former Defenseman Bryan Berard Joins in the Fights Against Head Injuries in the League

Hockey is known for being a tough sport; not only in terms of difficulty to play but as well as the effects it has on the players themselves. Hundreds of videos, gif, and pictures exist on the internet of hockey players putting up with painful physical injuries. Some even push on to finish the game. However, unlike pulling out a loose tooth on the benches is nothing as serious compared to head injuries.

Every sport comes with the possibility of injury, even injuries to the head. However, many assume that the National Hockey League, with its large size and power, that the league protects its players. Additionally, when injuries do occur, individuals assume that the league has ideal ways to handle said traumatic brain injuries. Unfortunately, the upper echelon of hockey leagues uses it’s status to its advantage, allowing for individuals to assume it’s the best simply because it’s the biggest in the nation.

Bryan Berard vs the NHL

Recently, Bryan Berard filed a lawsuit against the NHL for not properly protecting him from brain injuries. Berard is claiming that the league “failed to protect him from brain injuries during his 12-year career” after reporting to have suffered “repetitive brain injuries” during his NHL career that have resulted in serious medical problems.  The repetitive brain injuries include at least five concussions.

[The league needs to] cease their patent glorification of, and profiting from, fist-fighting and violence in the league. The time has come for the NHL to not only care for those former players on whose backs and brains the league reaped billions of dollars but also finally to put long-term player safety over profit.” said Berard.

The suit is being filed in memory of Jeff Parker; a former NHL player who was posthumously diagnosed with Stage 3 CTE. Berard is not the only professional athlete to take action against the league he played for. Dozens of retired NHL players have already pursued legal action, as well as dozens of former NFL players. Last month a federal judge denied class-action status when 140 players tried to sue the NHL, according to the New York Times.

For his law-suit involving brain injuries Bryan Berard sustained during his career, Berard has the support of other players such as Garth Butcher, Ian Turnbull, Mark Hardy, and John Cullen as they are also suing the league. However, it wasn’t just brain injuries that affected the forward.

The Injury That Started It All

From the moment Bryan Berard wakes up in the morning, he is reminded of the life-changing moment in his NHL career. The former defenseman just turned 22 six days prior to the March 11, 2000 injury. At the time Berard was a member of the Toronto Maple Leafs, playing against the Ottawa Senators. On the ice, the teams were in a four-on-four situation, and the Senators were pressuring in the offensive zone. Marian Hossa, a then-Ottawa prospect, attempted to one-time a loose puck. However, he missed and Hossa’s follow-through continued out of control and the blade of Hossa’s stick struck Berard in the right eye.

The scene was graphic that day at the Corel Centre in Ottawa, as Hossa’s stick ruptured Berard’s eyeball. As a result, he was transferred to Ottawa Civic Hospital, then Ottawa General; where Berard underwent emergency surgery. After a three and a half hour long surgery, doctors were skeptical that the defenseman would ever see again, but the next morning he was able to identify when lights were on or off.

The day after the accident Hossa and two other Ottawa teammates (Daniel Alfredsson and Wade Redden) visited Berard in the hospital. There Hossa apologized several times but Berard wasn’t mad at Hossa.

“I would say it was a little careless high stick, but I kind of jumped into the play and it was a freak accident,” said Berard.

Currently, Marian Hossa is an assistant coach with the Pittsburgh Penguins.

The remainder of the 1999-00 season was a struggle for the defenseman. In the last 14 games of the season, Berard only recorded two goals.

Does Berard Have a Case?

Currently, there are still many legal things that occur on the ice that can still result in a concussion. In terms of Berard’s case, one can argue that his eye injury was a freak accident; and can be the reason for his concussions.

A case can be made against Berard, saying that he should have stopped playing in the NHL after his injury; for the reason of being visually impaired and not able to fully protect himself on the ice, from all directions.

Due to the fact that Berard is not suing for specific incidents, just concussions in the league in general, it can not be said for sure if the concussions were due to issues within the league, or a result of Berard not having 20/20 vision. Ultimately, concussions are a real occurrence in the NHL and need to be addressed, as they are much more serious matters than broken bones or bruises.  The treatment of concussions also needs to be addressed by the league.

Bryan Berard’s Career

The Senators drafted Berard with the No. 1 pick in 1995. He started his career with the New York Islanders, having never played with Ottawa. In the 1996-97 season, Berard won the Calder Trophy. During January 1999, Berard was traded over to the Toronto Maple Leafs. Despite numerous setbacks and surgeries, Bryan Berard only missed one season.

“I would’ve liked to have seen where my career could have gone being healthy with two eyes,” Berard said.

 In 2001-02, Berard Signed with the New York Rangers and played all 82 games. In that season he registered two goals and 21 assists. Coming back to the league was a struggle for Berard, with corners being the worst. However, that didn’t stop Berard from playing six more seasons in the NHL. He spent some time with the Boston Bruins, Chicago Blackhawks, and Columbus Blue Jackets, before coming back to the New York Islanders in 2007-08 where he finished his career.

Where Brian is Now

At the moment Bryan is a financial consultant in business development for WhaleRock Point Partners in Rhode Island. Berard hopes to one day land a job in the NHL organization in player development.

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