So far the league has largely ignored negative publicity surrounding head injuries sustained in gamesGETTY IMAGES
For the past four years, the NHL has fought retired players at "every juncture in court" when it comes to lawsuits seeking damages for head trauma, and Commissioner Gary Bettman, a former litigator, has "not only tried to have the cases dismissed, he has vigorously questioned the growing evidence linking head hits and brain trauma," according to Ken Belson of the N.Y. TIMES. In depositions, NHL team owners have "claimed to not know" about CTE despite "ubiquitous media attention to the disease and mounting examples of declining brain function among retired players." Sources said that the NFL and NHL's "divergent approaches are driven as much by the strength of their arguments as their financial wherewithal and the negative publicity they are willing to withstand." The NHL strategy has been largely to "ignore negative publicity, or at least not to seem outwardly rattled by it, and unapologetically attempt to use the law to its advantage." For now, the NHL may have "calculated correctly." The league has "not seen a dramatic decline in attendance or television ratings, though its national television audiences have long been the lowest of the four largest North American professional leagues." Participation has "steadily grown." The NFL was in a "different position." The league often "fights vigorously in cases involving large amounts of money or legal issues central to the league’s health, like antitrust cases." By settling, the NFL tried to "quell some of the criticism" (N.Y. TIMES, 7/25).
