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puckhoggy

Nike Bauer being sued

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I really hope for better for the kid that got hurt, but this really sets up for some bad law. Operator errors are being noted as manufacturer’s fault. Like somebody said, this will probably never reach trial and testing will not take place to find out if helmet with an outdated certification going back 'x-n' years could still a) be certifiable, B) should not be worn outside of the recommended lifecycle under average usage at all.

My personal opinion is that because of this over-reliance on gear very little attention is being paid to teaching kids basic safety, how to fall, how to protect themselves, etc.

Just look at gymnastics, judo, sambo, boxing, diving, some other potential high-risk sports. They teach little kids how to fall from the very early age. In youth hockey we just buy them more protective pads...

To make sure the helmets are worn properly manufacturer could come up with some 40lbs elastic strap that would keep it in place. These should be sold right next to waterproof toasters and pee-proof electric fences.

As for saving $30 some dollars on head protection, I think LawGoalie said it best at one time:”If you have a $10 dollar head, you buy a $10 helmet”.

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I spoke to Phil Maltese about helmets, and he told me about the standards helmets are held to. It's not pretty. Businesses need to be held to a higher standard, and incidents like this one will be the impetus behind proper standards and care. Phil lines the interior of his helmet with the material he uses on skates to guard against lace bite. He will do it for anybody who pays for the service, but I don't think it's something he advertises.

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Sorry, but that's a poor analogy. I think the biggest thing that costs companies money is doing research into how brain trauma works, because it differs greatly from person to person and has long since been misunderstood. We're just now beginning to understand it, as far as I know. Hockey helmet companies are not driving this research or even spending 10% of the money to better comprehend it, universities, hospitals etc are doing that. The challenge is for the companies to simply take that information and design a more efficient helmet. Well, yes, it will mean more initial R&D costs but that's true for every single facet of business as technology and biological understanding increases.  

Not at all. If Bauer has to pay to conduct advanced medical studies, often running into the hundreds of millions of dollars, we're going to end up with hockey helmets that cost 7 or 8 hundred dollars each. The company does not pay for these studies, the consumer does. So while I'm sure Bauer could produce a state of the art super helmet, it would price the product out of the reach of most of the hockey community. I'm sure as the medical community makes strides in the understanding of brain injuries we'll see better helmets. However, the hockey industry does not have the resources to drive these advances.

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I do agree to an extent Ice, but there has to be a middle ground. I liken it to cars, a new car now isn't a substantially greater percentage of one's income now than 30 years ago, but cars are generally much safer. Why? While technology and research certainly has played a part, a large part of the reason is regulatory. As governmental standards and guidelines required more, companies had to go the extra mile to one-up each other. Pretty much all luxury cars are also extremely safe now. Back to helmets, much the same thing applies. While some research is necessary, there's plenty we already know, the materials are already available etc. What's most badly needed is a redesign and a change in the old way of thinking.

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there's plenty we already know, the materials are already available etc.

i dont understand how you expect Bauer to research well beyond what is in the literature, by producing their own brain trauma data... then go and say this.

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Some of the initial claims made by the M11 on their website have already been removed. By even suggesting that the M11 is "concussion proof", the consumer already is misinformed about the product.

Just to clarify, The Messier Project and Cascade Sports has never claimed or suggested that the M11 is "concussion proof." Rather, the technology in our helmets significantly reduces the risk of direct impact concussions. I just want to clarify that no helmets are concussion proof, including the M11.

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i dont understand how you expect Bauer to research well beyond what is in the literature, by producing their own brain trauma data... then go and say this.

Maybe I'm expecting too much, but I think a better design, even if only 20-30%, can be made with what we know and have now. Then in the future, as much more data becomes available, we'll have an exponentially better helmet. I don't know how feasible my expectation is, but I just have to believe seeing how far technology and biological understanding has increased in the last 10-12 years, and seeing as how the helmets now are really similar to what they were a decade ago, some positive change should be available. 

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Maybe I'm expecting too much, but I think a better design, even if only 20-30%, can be made with what we know and have now. Then in the future, as much more data becomes available, we'll have an exponentially better helmet. I don't know how feasible my expectation is, but I just have to believe seeing how far technology and biological understanding has increased in the last 10-12 years, and seeing as how the helmets now are really similar to what they were a decade ago, some positive change should be available. 

to be honest I honestly believe if people wore helmets that fitted properly not just the mirror test and a cage that looks "dirty" many more people would not have these issues......

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There was a spot on Just Hockey the other night regarding helmets and the reasoning behind them. Things like guys picking the 4500 because of looks, and weight even tho the helmet hasn't been changed for about 15 years or so..

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I just briefly checked that article and the Judge seemed to make the decision based on causation. Obviously, I work in the states, not the great white north, but I see the decision being the same in the U.S. Causation is one problem of many, then toss in assumption of the risk and a few other little things. Winning would not be impossible however, a random jury can be extremely sympathetic against a big corporation in just about any state.

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I just briefly checked that article and the Judge seemed to make the decision based on causation. Obviously, I work in the states, not the great white north, but I see the decision being the same in the U.S. Causation is one problem of many, then toss in assumption of the risk and a few other little things. Winning would not be impossible however, a random jury can be extremely sympathetic against a big corporation in just about any state.

However if you would have seen or read the details on the condition of the helmet and the assembly of the cage and helmet combination I am pretty sure you would have sided with the company and CSA. Although everyone feels bad for the young man he was hit from behind and the hit alone was enough to cause the injury. All around a sad day in hockey.

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I don't know about "fully" - at least in my lifetime - but the research is going on now:UPMC Sports Medicine

Another link... Re concussions and the M11 (and other helmets).... "All helmets do a poor job of preventing concussions': doctor

An Our Game reader asks about the Cascade helmet's ability to prevent concussions": link

FYI UPMC Sports Medicine redesigned their site - you can now find information on concussions here.

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