Tag Archives: concussion

Judge Grants Summary Judgment to Arena Football One

(Editor’s Note: What follows is an excerpt from the recent issue of Concussion Litigation Reporter. To read the full article, please subscribe at http://concussionpolicyandthelaw.com/subscribe/)

A federal judge from the Eastern District of Louisiana has granted partial summary judgment to Arena Football One (AFO) in a case in which it was sued by a player, who suffered multiple concussions while playing in the league.

In so ruling, the court relied on two pivotal findings; that the plaintiff had failed to demonstrate that AFO intended for the plaintiff to get hurt and second that there is no direct nexus between playing football and suffering a concussion.

By way of background, plaintiff Lorenzo Breland alleged that he sustained his initial concussion while playing for the Tulsa Talons in 2011, which is part of the AFO.

After the team doctor diagnosed Breland with a concussion, he alleged the team encouraged him to return and he started the following game. Subsequently, he played for the New Orleans Voodoo. The plaintiff alleged that he sustained a severe blow to the head during a game on April 11, 2014, which caused a second concussion. Breland claimed that, after the 2014 incident, he received inadequate medical attention and care and was pressured to return to playing football before he was fully rehabilitated. He alleged that, after complaining to the coach about his continued health problems, he was sent to a speech pathologist. The plaintiff alleged that this head injury caused him to remain bedridden for six weeks, and that he was ultimately suspended from the league and cut from the Voodoo. Breland claimed that the second concussion ended his career, and the defendants did not pay for his ongoing medical care or rehabilitation to allow him to return to play in a healthy manner. The plaintiff alleged that he continues to suffer long-term problems, including dizziness, memory loss, headaches, weight loss, neck aches and fatigue, and that he faces an increased risk for future disorders as a result of the injuries.

As part of his lawsuit, he asked for damages, past and future medical expenses related to the concussions, and medical monitoring to facilitate the diagnosis and treatment of future disorders caused by the injuries. The plaintiff claimed …

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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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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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