Boogaard v. National Hockey League, No. 17-2355 (7th Cir. 2018)Annotate this Case
Derek Boogaard was a professional hockey player with the Minnesota Wild. Team doctors repeatedly prescribed Derek pain pills for injuries. He became addicted. In 2009 the NHL placed Derek into its Substance Abuse and Behavioral Health Program. Derek was checked into a rehabilitation facility and was later subject to a mandatory “Aftercare Program,” which required him to refrain from using opioids and Ambien and to submit to random drug testing. Derek joined the New York Rangers in 2010 and began asking trainers for Ambien. Derek relapsed. NHL doctors made Derek’s situation worse by violating multiple conditions of the Aftercare Program. Eventually, Derek overdosed and died. Derek’s estate sued, alleging that the NHL had failed to prevent the over-prescription of addictive medications, had breached its voluntarily undertaken duty to monitor Derek’s drug addiction, was negligent in monitoring Derek for brain trauma, and negligently permitted team doctors to inject Derek with an intramuscular analgesic. The court found some of the claims, founded on the parties’ collective bargaining agreement, were preempted by the Labor Management Relations Act and granted the NHL summary judgment. A second amended complaint was dismissed on grounds that Minnesota law applied and required a wrongful-death action to be brought by a court-appointed trustee. The Seventh Circuit affirmed, holding that the Boogaards had forfeited their claims by failing to respond to the NHL’s argument that the complaint failed to state a claim under the law of any state.