The lawsuit that the NHL offered $325,000 to make go away is headed to trial

A lawsuit that could potentially expose NHL team doctors’ conflicts of interests is proceeding toward an actual trial, with huge negative implications for the league.

The NHL could be in trouble if allegations of former player Mike Peluso, who sued four NHL franchises he played for, prove to be true. The trial that could result from the suit could result in a public relations nightmare for the league.

Peluso has alleged in his suit that team doctors withheld information from him regarding seizures that he suffered during his playing career. Because of the poor care he received, according to Peluso, he has permanent brain damage that now results in his suffering from anxiety, dementia, depression, and memory loss in addition to constant seizures.

The lawsuit, filed as a workers compensation affair, has sought documentation governing payments to and regulations concerning doctors employed by NHL member franchises in order to substantiate the liability of the franchises. The teams named as defendants in the suit are the Calgary Flames, New Jersey Devils, Ottawa Senators and St. Louis Blues. Additionally, the suit has requested records from the league governing its destruction and/or retention of documents.

While those documents may shed some light on questionable practices by the NHL, it is unlikely to provide a “smoking gun” that Peluso may need to be awarded a substantial judgment in his favor. To improve their chances, Peluso’s legal counsel has pulled out some big guns.

According to TSN’s Rick Westhead, subpoenas have been issued for NHL Commissioner Gary Bettman, league deputy commissioner Bill Daly and current Toronto Maple Leafs general manager Lou Lamoriello. Lamoriello was the GM of the Devils when Peluso was playing for the team.

This ups the ante for the NHL significantly. If those three men take the stand and subject themselves to the unfavorable line of questioning that Peluso’s counsel is likely to approach them with, things could go sideways quickly. This is exactly what the NHL has tried to avoid. Not only will the statements on the issues of the league/team officials be put into a legal record, but might be available for the public to hear in real time.

Peluso says that the league has offered him $325,000 to withdraw his suit, but he turned it down to proceed with his complaint. The fact that Peluso’s attorney has convinced the court to subpoena Bettman and others might be enough to convince the NHL to offer a much higher settlement amount.

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For now, it looks like the NHL’s worst fears in this lawsuit have been realized. They may yet be able to write a check to make it go away, but much of that will depend on whether Peluso’s motivation is to affect change or collect change.