Category Archives: Litigation

Court Denies NFL’s Statute of Limitations Argument in Concussion Case Involving Player from the 1950s

(Editor’s Note: What follows is an excerpt from an article that appeared in the March Concussion Litigation Reporter)A New York state trial court has denied the NFL’s motion to dismiss a claim in which the son of a former NFL player, who was diagnosed with chronic traumatic encephalopathy (CTE) after his death, sued the league for fraud and negligence.

The lawsuit was filed by Arthur DeCarlo Jr. after his father, Art DeCarlo, died in 2013.  DeCarlo Jr. alleged in the complaint that the risks associated with repeated head blows have been researched and written about in medical journals for nearly a century. Yet, the NFL “ignored, minimized, disputed and suppressed” such studies linking CTE to football. The “century” reference is important because DeCarlo played football for the defendant from 1953 to 1961.

Specifically, he asserted the following causes of action: “(1) counts one and two-fraudulent concealment and fraud; (2) count three-civil conspiracy; (3) counts four and five-negligence; (4) count six-negligent misrepresentation; (5) counts seven and eight-negligent hiring and retention; and (6) count nine-wrongful death and survival.

The NFL moved to dismiss the complaint, arguing that the claims … (To see the full article, please subscribe at http://concussionpolicyandthelaw.com/subscribe/)

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Concussion Lawsuit Puts Focus on Tracking Concussed Athletes After They Leave the Playing Field and Engage in Other School Activities; Experts Weigh In

(Editor’s Note: What follows is an excerpt from an article that appeared in the March issue of Concussion Litigation Reporter)

A high school football player in New York has sued Staten Island and its Education Department, claiming they failed to follow proper city and state protocols when the student participated in a gym class, before he had been cleared from a concussion he suffered on the football field, and suffered a subsequent concussion.

The plaintiff was a member of a junior varsity football team when on Sept. 26, 2015 he suffered a concussion during a game. Protocol dictated that he could not resume athletic activities until he had been declared symptom-free for at least 24 hours and received written authorization from a physician.

Such an authorization must be maintained as part of the student’s permanent health record, according to the complaint. The plaintiff also alleges that the city’s Education Department requires that the prohibition applies to all physical activities within the school, including before- and after-school programs, physical education, recess and leagues.

But on March 16, 2016, during a PE class, he was convinced by his classmates to participate in a field hockey game in the school gymnasium. He suffered a second concussion, when he tripped and fell. This has caused him to suffer from “classic concussion symptoms,” such as dizziness, inability to concentrate and nausea, according to the complaint.

The boy’s mother has alleged …

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Table of Contents for the March 2017 Issue of Concussion Litigation Reporter

March 2017, Vol. 5, No. 9

Timely reporting on developments and legal strategies at the intersection of sports and concussions—articles that benefit practicing attorneys who may be pursuing a claim or defending a client.

Articles

Concussion Lawsuit Puts Focus on Tracking Concussed Athletes After They Leave the Playing Field and Engage in Other School Activities; Experts Weigh In

New York State Attorney General Goes After Company that Allegedly Scammed Concussion Victims

Court Denies NFL’s Statute of Limitations Argument in Concussion Case Involving Player from the 1950s

Attorney: Connecticut Concussion Bill Falls Short

Diagnosing a Sports Concussion Remains a Vexing Challenge

Former High School Football Player Sues School District, Others Over Alleged Failure to Follow Concussion Protocol

NHL’s Subpoena Regarding CTE: Valid Production Request or Invasion of Privacy?

Women May Be at Higher Risk for Sports-Related Concussion Than Men

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