Category Archives: College

June 2017 issue of Concussion Litigation Reporter Is Out, See the Table of Contents

Hackney Publications has announced that the latest Concussion Litigation Reporter has hit the streets, completing its first five years in this very important space

The following articles appear in the latest issue:

  • Appeals Court Frees School District of Hospital Company’s Indemnity Claim in Concussion Case
  • Judge Grants Summary Judgment to Arena Football One
  • WIAA to Provide Concussion Insurance for Member School Student-Athletes
  • North Carolina Return to Play Lawsuit Puts Spotlight on Such Protocols
  • Discovery and Spoliation on Center Court in Concussion Case: Bouchard vs USTA
  • Concussion Defense Lawyer David White Sounds Off on the Rising Tide of Concussions and Mounting Litigation
  • Harvard Report Compares NFL’s Health Policies and Practices to Those of Other Professional Sports Leagues
  • Equation Makes It harder to ‘Outsmart’ Concussion Tests, like ImPACT
  • NCAA Moves to Eliminate Two-a-Day Football Practices
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Court Extends Opt-Out and Objection Deadline in NCAA Concussions Lawsuit Settlement

Attorneys representing all current and former NCAA student-athletes announced date changes made by the court, affecting the concussions settlement that will provide a 50-year medical-monitoring program for student-athletes to screen for post-concussion syndrome and early-onset neurodegenerative disease that may have resulted from concussions or the accumulation of subconcussive hits while playing NCAA sports.

One of the participating plaintiff’s law firms gave the following synopsis:

What are the changes?

The court’s scheduling order extends the deadline to request exclusion from or object to the settlement and includes the following date changes: a new opt-out and objection deadline of Aug. 4, 2017, and a new Fairness hearing date of Sept. 22, 2017, at 10 a.m.

What is the case about?

The suit was filed against the NCAA for allegedly failing to uphold its promise to protect student-athletes against the life-altering effects of concussions, traumatic brain injuries and the accumulation of subconcussive hits.

Who is affected?

The settlement affects student-athletes who played an NCAA-sanctioned sport at a member school, an estimated 4.4 million current and former athletes in 43 different men’s and women’s sports, and more than a thousand NCAA member institutions, ranging from Division I schools to Division III schools.

What are the settlement benefits?

The core benefits provided in the settlement include:

A 50-year medical monitoring program that will screen for post-concussion syndrome and early-onset neurodegenerative disease that may have resulted from concussions or the accumulation of subconcussive hits while playing NCAA sports. If a class member qualifies through written screening, examinations will include neurological and neurocognitive assessments. The program will be funded by a $70 million medical monitoring fund, paid by the NCAA and its insurers.

Significant changes to and enforcement of the NCAA’s concussion management policies and return-to-play guidelines. All players will now receive a seasonal, baseline test to better assess concussions sustained during the season. All athletes who have sustained a concussion will now need to be cleared before returning to play, under the terms of the settlement. Additionally, a medical professional trained in the diagnosis of concussions will be present at all contact-sport games. The settlement also stipulates reporting mandates for concussions and their treatment.

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Nationally Recognized Concussion Expert Headlines June 9 Event

The Marshall University Joan C. Edwards School of Medicine will host concussion expert Julian E. Bailes, M.D., for a community event at 7 p.m. Friday, June 9, in the Don Morris Room in the Memorial Student Center on Marshall’s Huntington campus.

“An Evening with Dr. Julian Bailes,” presented by the Marshall Sports Medicine Institute, will feature a presentation on understanding and preventing brain injury in sports by Bailes, a nationally recognized neurosurgeon who was portrayed by actor Alec Baldwin in the 2015 movie “Concussion.”

According to the Centers for Disease Control, about 1.6 to 3.8 million sports and recreation-related concussions occur in the United States each year. Concussions occur more often in organized high school sports than in competitive sports, with football accounting for more than 60% of concussions.

Bailes is an expert in neurovascular disease and a recognized leader in the field of neurosurgery and the impact of brain injury on brain function. He is a founding member of the Brain Injury Research Institute (BIRI), which focuses on the study of traumatic brain injuries and their prevention. A former chairman of the department of neurosurgery at the West Virginia University School of Medicine, he is currently co-director and chairman of the department of neurosurgery at NorthShore Neurological Institute in Chicago.

Attendees will also hear from local physician Andy Gilliland, M.D., an assistant professor of orthopaedic surgery at the Joan C. Edwards School of Medicine, on how programs throughout the Tri-State region are implementing cultural changes to better prevent, identify and treat concussions. Gilliland practices primary care sports medicine at King’s Daughters Medical Center and the Marshall Sports Medicine Institute.

Tickets are $50 per person or $400 for a reserved table of eight. Sponsorships are available. All proceeds go to support research scholarships for students at the School of Medicine. To make a reservation, contact Tami Fletcher by phone at 304-691-1701 or by e-mail at fletcher@marshall.edu.

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