Hockey Helmets Miss the Mark on Concussions

CHICAGOLAWBULLETIN.COM TUESDAY, APRIL 7, 2015

Volume 161, No. 67 Hockey helmets miss the mark on concussions recent study on the study is that all 32 helmets were from advertisements and to concussion-protec - previously certified as safe by donate $500,000 worth of hockey tion capacities of the Hockey Equipment LEX SPORTIVA equipment to charity. hockey helmets Certification Council (HECC). Interestingly, the Bauer Re-AKT produced signifi - The NCAA, NHL and USA helmet, which is sold in two cAantly negative results. Hockey all require that players styles that are among the most Researchers at Virginia Tech use helmets that are certified by expensive on the market, tested all 32 helmets that can be the HECC. In addition, the NHL received a single star in the purchased on the market and also mandates that players’ TIMOTHY Virginia Tech study. found that across the board, helmets meet the requirements L. E PSTEIN This result is consistent with a hockey helmets are poor in their of the Canadian Standards larger trend of price indifference ability to protect players from Association (CSA). throughout the hockey helmet the risk of concussions. Part of the discrepancy can be study. The researchers admitted In preparation for the study, explained by the fact that while Timothy L. Epstein is a partner and surprise in finding that their the researchers discovered that both the HECC and the CSA chairman of the sports law practice study produced no correlation male and female hockey players require helmets to withstand G- group at SmithAmundsen LLC. He also between price and level of — bantam level through college force levels that will prevent serves as an adjunct professor at protection that helmets provided — sustain an average of 227 hits skull fractures and other serious Loyola University Chicago School of against concussions. to the head per season. brain injuries, research has Law, teaching courses in sports law. Conversely, former NHL His sports law practice is all- The study was developed to revealed that a majority of encompassing, but focuses on the referee Paul Stewart explained simulate the direction and the concussions occur at far lower litigation needs of players, coaches, that the findings are unsur - velocity of typical hits absorbed levels of force. teams and schools. He can be reached prising for those who are close to during hockey games. In labora - The Virginia Tech researchers at [email protected]. the game. To correct the concus - tory settings, each helmet conducted a similar study on sion dangers, Stewart suggests underwent 48 impact shots while football helmets in 2011. While that the league and the NHL the researchers analyzed the the football helmets fared better retired NHL players denied the Players’ Association need to take ability of the helmets to slow the than their hockey counterparts, league’s motion to dismiss. The the lead to ensure that all levels acceleration of the head and the tests indicated that the plaintiff class has alleged that of the game become safer. brain. helmets still provided substantial the NHL both concealed from its Because helmets are subjected To record the results, the risk for future concussions. players risks of repeated head to top-down popularity from the researchers developed a five-star Despite initial outcry from the trauma and promoted on-ice NHL to youth hockey players, ranking system. Each star level football helmet industry — violence. the researchers aspire for their is designed to relate to a including legal threats from In its defense, the NHL results to provide substantive predicted number of concussions some helmet manufacturers — contended that the action should change throughout the industry players wearing a helmet would the study led to significant be dismissed for pleading and for the benefit of the future of receive during a season. The change across the industry. In a jurisdictional insufficiencies. the game. highest ranking, five stars, corre - recent follow-up test of football Judge Susan Richard Nelson, Youth hockey safety has been a sponds to less than one concus - helmets, 20 of 26 helmets however, was unconvinced of the growing concern, and other sion per season. On the other received four stars or above. league’s arguments. The denial protective measures have already end of the spectrum, players In hope of tempering any of the motion to dismiss been taken. These changes wearing a zero-star helmet backlash to their new findings, increases the likelihood that the include the reduction of helmet- would be expected to incur an the researchers invited hockey NHL will reach a financial settle - to-helmet collisions, education of average of six to eight concus - helmet manufacturers into their ment with the plaintiff class. proper checking techniques, the sions per year. lab in an effort to explain the Such a settlement would allow elimination of fighting and the The study results were heavily science behind the rating system the league to avoid substantial development of a warning track distributed on the low end of the and the study results. trial costs. around the boards. grading scale. Researchers Many of the largest manufac - In Canada last November, the In his reflection on the results, discovered that nine helmets did turers have provided statements leading hockey helmet manufac - Stefan Duma, the head of the not register a single star. A expressing concern and caution turer, Bauer, was involved in a Virginia Tech biomedical engi - single helmet received three with regard to the findings. regulatory investigation based on neering and mechanics depart - stars, while the other 22 received Further, manufacturers such as its concussion-protection ment, acknowledged that the just one or two. Bauer and Reebok note that they performance claims. The study is not meant to provide a These results are not a novel are already working with Canadian Competition Bureau panacea and recognized that message of the threat of concus - research institutions to study examined claims that Bauer had “there will never be a perfect sions in hockey. The Centers for concussions in preparation for been making about the enhanced helmet that will prevent all Disease Control and Prevention future helmet designs. protection qualities of its Re- concussions.” previously announced that The concussion-protection AKT helmet. Instead, he said the study was hockey players incur concussions results are revealed at a very After the investigation illus - seeking increased awareness and at a higher rate than any other relevant time in hockey. Recently, trated that Bauer’s claims were offers a different perspective. sport. the federal judge overseeing the unsubstantiated, the company “It’s about risk reduction,” One concerning feature of the class-action case brought by agreed to remove the claims Duma said.