The late Derek Boogaard tragically died of an apparent overdose on May 13, 2011.<\/p>\n
At the time of his death, Boogaard still had three years remaining on his guaranteed contract with the New York Rangers.<\/p>\n
After his family learned the NHLPA was not going to file a grievance on Derek\u2019s behalf to recover the $4.8 million remaining on his contract, the family sought legal counsel elsewhere.<\/p>\n
Instead of pursing a claim for medical malpractice against the various team doctors whom, on multiple occasions, allegedly overprescribed Boogaard with painkillers (See, John Branch\u2019s hard-hitting reporting<\/a>), the family apparently received more suspect legal advice.<\/p>\n On September 21, 2012, Boogaard\u2019s family filed a lawsuit against the NHLPA and Roman Stoykewych<\/a>, the associate general counsel for the NHLPA.<\/p>\n The lawsuit was doomed from the beginning.<\/p>\n The family asserted a breach of the duty of fair representation (DFR) claim against the NHLPA for allegedly failing to pursue a grievance against the Rangers.<\/p>\n A DFR claim is extremely difficult to win. The Boogaard family had to prove that the NHLPA and\/or Stoykewych acted arbitrarily or in bad faith.<\/p>\n But, before you can even get to the merits of the case, a party must have filed the DFR claim within 6 months from the date \u201ca plaintiff learns or should have learned about the union\u2019s decision\u201d not to pursue a grievance.<\/p>\n The Boogaard family waited more than 6 months \u2013 they first learned that the NHLPA was not going to pursue a grievance on December 2, 2011.<\/p>\n Thus, it was too late, and the NHLPA\u2019s motion to dismiss<\/a> — converted to a summary judgment motion — was granted.<\/p>\n Even a plea for equitable relief was unavailing.<\/p>\n The court, according to documents first obtained by NFLConcussionLitigation.com, stated that the Boogaard\u2019s \u201cquest for an attorney was lackluster at best.\u201d<\/p>\n Geez, talk about rough justice — never mind the fact that the parents were likely still grieving over the death of their child. I\u2019m sure the last thing on their mind was filing a lawsuit. Sometimes, however, the law can just be plain rough, but the judge applied the law and he got it right, although it may seem unfair.<\/p>\n Despite this and other allegations asserted by the Boogaard family, the court found that \u201cno extraordinary circumstances existed\u201d to excuse the family for not filing suit within 6 months.<\/p>\n Therefore, Boogaard\u2019s lawsuit was barred by the statute of limitations and his case was dismissed with prejudice.<\/p>\n In other words, the NHLPA and Stoykewych won on a \u201ctechnicality.\u201d Though, it\u2019s unlikely the Boogard family would have been successful on their DFR claim, in any event.<\/p>\n Although their lawsuit was dismissed, I still think they have[1]<\/a> a potential wrongful death suit against the NHL and various team doctors \u2013 assuming the New York Time\u2019s report is true.<\/p>\n At only 28 years old, Boogaard, a fierce enforcer, was diagnosed with CTE<\/a>.<\/p>\n It\u2019s certainly conceivable the multiple fisticuffs to the head, masked by the deadly concoction of painkillers, mixed with the gross negligence of others were the contributing causes of Derek\u2019s death.<\/p>\n Unfortunately, without the benefit of a meritorious lawsuit and the discovery process, we may never know whether others were, at least partially, responsible for Derek\u2019s tragic and untimely demise.<\/p>\n