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Jack Eichel's Gambit


darksabre

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45 minutes ago, darksabre said:

There's one very good reason why he wouldn't do this: money.

Jack is stuck. He wants the surgery, but he also wants to get paid.

If he does the ADR, it goes wrong and ends his playing career, and the Sabres void his contract, he's broke and out of a job. 

That's why he wants the Sabres to approve it. He doesn't want to lose that money if he ends up as damaged goods. 

What if Jack decides to get the ADR surgery against the Sabres wishes, and beforehand purchase an insurance policy that protects him in the event he can never play NHL hockey again?

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I would never recommend fusion to repair a herniated disc on a young person. It pretty much haunts me everyday, between the loss of movement turning your head to the increased strain on the other discs which causes other troubles and pain. And it only gets worse with age, less motion and more pain.

 

So for Jack as a person, I have a really hard time going there.

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14 minutes ago, LabattBlue said:

What if Jack decides to get the ADR surgery against the Sabres wishes, and beforehand purchase an insurance policy that protects him in the event he can never play NHL hockey again?

Well, that would void his contract so I hope it’s at least a $50m policy. Might be tough finding an underwriter for that.

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4 hours ago, darksabre said:

There's one very good reason why he wouldn't do this: money.

Jack is stuck. He wants the surgery, but he also wants to get paid.

If he does the ADR, it goes wrong and ends his playing career, and the Sabres void his contract, he's broke and out of a job. 

That's why he wants the Sabres to approve it. He doesn't want to lose that money if he ends up as damaged goods. 

I hope he wouldn't be broke considering he's been paid $30-40MM in his career. He's already set for life if he didn't piss it away. But yes, even with $40MM in the bank you still don't want to risk an additional $50MM+++. And this has always been the rub, I think. He wants the Sabres to cover his risk.

Edited by PromoTheRobot
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26 minutes ago, LabattBlue said:

What if Jack decides to get the ADR surgery against the Sabres wishes, and beforehand purchase an insurance policy that protects him in the event he can never play NHL hockey again?

How much would such a policy cost?

Recall, that insurance is priced to reflect the likelihood of having to actually make a payout?  Considering an actuary would likely put the likelihood of the surgery being successful somewhere between 50 - 90 percent, that policy would minimum cost $1MM just to cover THIS season's likely payout.  Eichel could lose 5 year's worth of earnings if the surgery isn't successful.

Do we really expect Eichel to be willing to cover the cost of THAT policy?  Why would the Pegulas want to pay it?

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45 minutes ago, Weave said:

If Jack gets a non-team sanctioned surgery they will surely suspend him without pay.  He would be losing this season's salary whether the surgery was successful or not.

Except if doing so negates the Sabres rights to him. It would be rash to do that if he's fully recovered and tradable.

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2 hours ago, darksabre said:

he's broke and out of a job. 

He's been paid $43 million in his career.  Out of a job?  Yeah.  Broke.... he'd better not be.

2 hours ago, LabattBlue said:

What if Jack decides to get the ADR surgery against the Sabres wishes, and beforehand purchase an insurance policy that protects him in the event he can never play NHL hockey again?

Would you underwrite that?  I wouldn't.

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34 minutes ago, PromoTheRobot said:

Except if doing so negates the Sabres rights to him. It would be rash to do that if he's fully recovered and tradable.

He said suspend, not terminate.  They would still own his rights, they just wouldn't pay him for the time he couldn't play for a violating his contract.

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Just now, Doohickie said:

He has... what?  $50 million still to be paid?  The insurance policy would probably be something like $5 or 10 million.

You expect there to be a 90-95%+ chance of success with that "new" surgery?  Expect the actuaries wouldn't be that optimistic. 

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2 minutes ago, Taro T said:

Lloyd's would underwrite it, but they might charge $30MM for the policy.

It would be substantial, that's for sure.

In the end Kevin is right:  The Sabres control this situation.

1 minute ago, Taro T said:

You expect there to be a 90-95%+ chance of success with that "new" surgery?  Expect the actuaries wouldn't be that optimistic. 

I was thinking bare minimum.  You're right though, it'd probably be even higher.

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As much as I understand the “its his body, he should be able to do what he wants,” he signed a contract with a team that controls what he can do with his body. 

It’s not much different than someone who signs up for the military, and they say “hey you’re going to Afghanistan.” That person can’t just say “nah, it’s not safe for my body.”

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Not quite the same... but yeah something like that.  It really comes down to the insurance I think  Regardless of all the talk to doctors that KA expounded on, what they say is irrelevant.  It's the insurance company and the lawyers that are guiding the Sabres hand.  I mean if Jack gets the ADR surgery, rehabs and plays, then ends up paralyzed from the neck down when the artificial disc fails.... and the Sabres approved the surgery... you know he'd be suing the Sabres.

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12 hours ago, Doohickie said:

Not quite the same... but yeah something like that.  It really comes down to the insurance I think  Regardless of all the talk to doctors that KA expounded on, what they say is irrelevant.  It's the insurance company and the lawyers that are guiding the Sabres hand.  I mean if Jack gets the ADR surgery, rehabs and plays, then ends up paralyzed from the neck down when the artificial disc fails.... and the Sabres approved the surgery... you know he'd be suing the Sabres.

Couldn’t the liability issues be negotiated? Could the Sabres agree to let Eichel have his preferred ADR procedure in exchange for removal of the NMC and a signed waiver saying Eichel assumes all responsibility for any complications that may arise post-op? On the surface it just doesn’t seem like a complicated matter and you’d think the lawyers would have been all over it by now. 

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33 minutes ago, K-9 said:

Couldn’t the liability issues be negotiated? Could the Sabres agree to let Eichel have his preferred ADR procedure in exchange for removal of the NMC and a signed waiver saying Eichel assumes all responsibility for any complications that may arise post-op? On the surface it just doesn’t seem like a complicated matter and you’d think the lawyers would have been all over it by now. 

Agents don't like to give back money.

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39 minutes ago, PromoTheRobot said:

Agents don't like to give back money.

I agree, but the agent isn’t in control here, Jack is. Anyway, I don’t see why the Sabres legal team couldn’t at least present those options. I really wish we had a fly on the wall at that meeting with the Sabres, Eichel, and the NHLPA. It’s beyond curious that nothing came from that. 

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1 hour ago, K-9 said:

Couldn’t the liability issues be negotiated? Could the Sabres agree to let Eichel have his preferred ADR procedure in exchange for removal of the NMC and a signed waiver saying Eichel assumes all responsibility for any complications that may arise post-op? On the surface it just doesn’t seem like a complicated matter and you’d think the lawyers would have been all over it by now. 

Even if they signed a waiver, there could still be a lawsuit.  I've heard that you can't sign away a right to redress by signing a waiver.  It's tougher, sure, but even if Jack signed a waiver promising not to sue, he could still try to sue.  And even if I'm wrong (I'm certainly no lawyer), I don't think Jack would assume all that risk by signing such a waiver.

18 minutes ago, K-9 said:

Anyway, I don’t see why the Sabres legal team couldn’t at least present those options.

Probably because the CBA doesn't allow it.

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On 9/23/2021 at 9:36 PM, Andrew Amerk said:

As much as I understand the “its his body, he should be able to do what he wants,” he signed a contract with a team that controls what he can do with his body. 

It’s not much different than someone who signs up for the military, and they say “hey you’re going to Afghanistan.” That person can’t just say “nah, it’s not safe for my body.”

Even further than that, why isn’t he just getting the surgery done the Sabres want? They seem to have the backing of the medical community. Doesn’t he want to get better? 

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