The head of the association representing retired NHL players provided a league executive with a document summarizing a meeting held by former players engaged in the concussion lawsuit against the league, a CTV News/TSN exclusive has found.
In August 2014, Mark Napier, a former Montreal Canadiens forward who is president of the NHL Alumni Association, sent NHL deputy commissioner Bill Daly an email with an attached letter from one-time NHL defenceman Brad Maxwell.
Maxwell is among the more than 100 former players who are suing the NHL, charging the league put profits ahead of their long-term health.
Maxwell鈥檚 letter, which had been distributed to Buffalo Sabres alumni, described a meeting two months earlier in St. Paul, Minn., where lawyers and former players discussed the ongoing concussion lawsuit against the league.
鈥�鈥� Napier wrote in his email to Daly. 鈥淲ill keep monitoring.鈥�
Maxwell, who played in more than 600 games in the NHL from 1977 to 1987 with the North Stars, Nordiques, Maple Leafs, Canucks and Rangers, said he was disappointed in Napier.
鈥淲hose side is he on?鈥� Maxwell said in a phone interview Saturday with TSN. 鈥淗e鈥檚 not on our side.鈥�
Napier declined comment on the email to Daly when reached Wednesday.
鈥淚 can鈥檛 comment on that,鈥� he said. 鈥淚t鈥檚 an ongoing lawsuit.鈥�
In the letter, Maxwell, who is president of the Minnesota NHL Alumni Association, says the St. Paul meeting included a presentation on serious head trauma and brain damage from neurosurgeon Dr. Dan Ahlberg before lawyers from the concussion lawsuit spoke.
鈥淲hat they [the lawyers] really drilled home to us, though, was that this case is our case as players,鈥� Maxwell wrote. 鈥淭he lawyers can write briefs and argue to the court, sure. But the players will only get to where they need to be if they band together and support each other and this litigation. We learned that the professional sports leagues have all but eliminated workers鈥� compensation cases, making cases like the concussion litigation an even more important tool for ensuring that players, whose dedication, hard work, sacrifice and skill were crucial in building the NHL, are fairly taken care of as they get older.鈥�
Maxwell鈥檚 letter also talked about allaying players鈥� fears of possible retaliation from the league if they joined the lawsuit, and directed former players on where they could get information on head injuries.
鈥淓veryone is aware of the concerns some may have about possible retaliation from the NHL for joining the lawsuit,鈥� Maxwell wrote. 鈥淭he meeting confirmed that no such retaliation took place in the NFL concussion litigation and that a number of legal and ethical restrictions prevent such retaliation. Even more importantly, the NHL likely has no interest whatsoever in creating bad press and public animosity by retaliating against retired players who are only seeking help with their serious head injuries suffered in building the game and the League.鈥�
The letter ended by encouraging players to join the lawsuit.
Daly forwarded the email to Colin Campbell, the NHL's executive vice-president and director of hockey operations; Mike Murphy, senior vice-president of hockey operations; Kris King, senior manager of hockey operations; and Stephane Quintal, then the interim head of the NHL鈥檚 department of player safety.
The NHL Alumni Association advises its members about changes to the NHL鈥檚 pension plan, and gives former players advise in requesting help from the NHL鈥檚 emergency assistance fund, a fund that offers a financial lifeline to cash-strapped former players. The association also sets up autograph signings and other money-generating opportunities for former players.
A judge in U.S. Federal Court in Minnesota recently agreed to a request by CTV鈥檚 W5 to make public many of the exhibits produced by the NHL in the concussion litigation. The Daly and Napier emails, along with Maxwell鈥檚 letter, were included in a cache of recently unsealed court exhibits.
In November, former Los Angeles Kings forward Bernie Nicholls accused Napier of 鈥渟crewing over鈥� former players. Nicholls claimed Napier was refusing to share with association members the details of the lawsuit. He also said many former players are interested in joining the suit, but are worried they will be blackballed by NHL teams and lose out on lucrative alumni opportunities if they choose to participate.
鈥淸Napier] has got a really good job there, making a lot of money and he wants to do what鈥檚 best for the NHL,鈥� Nicholls said in an at his Las Vegas home. 鈥淗e wants to keep his job. He doesn鈥檛 want to rock the boat with them, so he鈥檚 going to probably side with them. In my opinion, he鈥檚 screwing the players over [by] not supporting [the lawsuit.]鈥�
When asked by TSN about Nicholls鈥� comments, Napier said his association operated independently.
In an email to TSN, Napier wrote that 鈥渢he NHL Alumni Association works independently from the NHL and NHLPA representing alumni to the best of our abilities.鈥� He went on to say that 鈥淸Nicholls鈥橾 outrageous statement that players would be blackballed if they joined the litigation is simply not true. If Bernie has proof or names of anyone, especially from our office, that he personally heard this from I certainly would like to know.鈥�
Maxwell said he wished the NHL would reconsider its position on providing better health benefits and medical monitoring to its retired players.
鈥淚鈥檓 58 and I鈥檝e got some issues, for sure, but I鈥檓 generally okay,鈥� Maxwell said.
鈥淚 wish the NHL would just take another look. There are only 4,000 or 5,000 former NHL players who are still alive. It鈥檚 not that big a deal. They鈥檙e going to spend millions and millions and millions to fight this. They should just do the right thing. They could stand up and say, 鈥榳e鈥檙e not acknowledging anything but we鈥檙e gonna help. We鈥檙e going to take care of the players.鈥� What a classy thing that would be.鈥�
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