Tag Archives: law

In Case You Missed the October 2017 Concussion Litigation Reporter

Published four weeks ago, here’s the table of contents for October 2017 Concussion Litigation Reporter, here’s the Table of Contents of that issue, which, as always, features “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:”

  • The NFL’s Head Injury Research and the Law: An Overview of Liability under the Voluntary Undertaking Doctrine
  • When Football Players Suffer from Concussions, Who Is Responsible?
  • Third Circuit Affirms Lower Court, Denying Relief to Parents of Concussed Football Player
  • Hockey Enforcer Unsuccessful at District Court, Appeals to Seventh Circuit
  • Researchers Identify Possible Biomarker for Diagnosing CTE During Life
  • Controversy Stirs as Youth Football Coach Is Suspended for Reinserting Player
  • Mother Alleges Doctor Broke for Concussion Protocol, Leading to Serious Brain Injury
  • Legal Infighting Marks Hearing on NFL Concussion Litigation in Philly
  • High School Football Participation Has ‘Peaked’, Further Declines Likely, Says CU Boulder Professor

To subscribe, visit: http://concussionpolicyandthelaw.com/concussion-litigation-reporter/

 

Posted in College, Football, General, High School, Hockey, Litigation, Other Sports, Products, Professional | Tagged , , | Leave a comment

Firm Offers Brain Injury College Scholarship

The brain injury law firm of De Caro & Kaplen, LLP has announced that it is offering a scholarship to a student, who is a survivor of traumatic brain injury and is pursuing a college education.

The scholarship idea was the brainchild of Shana De Caro and Michael Kaplen, who each year devote their time and dedicate a portion of our firm’s fees to brain injury education, prevention and advocacy.

De Caro is a member of the board of directors of the Brain Injury Association of America, while Kaplen is three-term past president of the Brain Injury Association of New York State.  Both have served as chairperson of the American Association for Justice Traumatic Brain Injury Litigation Group.

The $1,000 scholarship will be awarded to one applicant for the year 2017. Full details and the application can be viewed at: http://brainlaw.com/traumatic-brain-injury-scholarship-fund/

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Senators Welcome Committee Passage of Bill to Protect Young Athletes from Concussions, Tackle False Safety Claims for Sports Gear

Late last month, U.S. Senators Tom Udall (D-N.M.), Amy Klobuchar (D-Minn.) and Richard Blumenthal (D-Conn.) welcomed passage of their bill in the Senate Commerce Committee aimed at protecting young athletes from the dangers of sports-related traumatic brain injuries. The senators, all members of the committee, introduced the Youth Sports Concussion Act earlier this year to help ensure that safety standards for sports equipment, including football helmets, are based on the latest science and curb false advertising claims made by manufacturers to increase protective sports gear sales.

“Today’s Commerce Committee passage of our Youth Sports Concussion Act marks an important step toward cracking down on misleading claims and ensuring New Mexico kids can have fun and play sports safely,” Udall said. “Sports are an important part of staying active and learning the value of teamwork for many kids. Parents and coaches want to do everything they can to keep their kids safe on the field or the court, and they deserve to have the facts needed to make knowledgable safety decisions. Our bill would help stop companies that take advantage of parents and athletes’ concerns about concussions and falsely market products as ‘safety’ equipment, despite little evidence that the products protect players.”

“One thing’s certain about Minnesotans – we love our sports. But whether it’s football, hockey, or the many other sports we play and love, parents, coaches, and young athletes must be equipped with the facts and informed of the risks when making safety decisions,” Klobuchar said. “Today’s Commerce Committee passage of our bill will protect our athletes and help make sure they can continue to compete on and off the field safely.”

“I am proud that the Senate Commerce Committee voted to advance the Youth Sports Concussions Act,” Blumenthal said. “We know all too well that the dangers of head injuries are real. As the science around prevention develops, this important bill will ensure our federal agencies can crack down on athletic equipment manufacturers that peddle quackery. No company should be able to use deceptive claims to exploit parents’ natural instincts to protect their children. Our youngest athletes – our future sports heroes – deserve accurate information to make informed decisions so that the sports they play today can be sports they play for a lifetime.”

Udall, Klobuchar and Blumenthal introduced the Youth Sports Concussion Act ahead of Super Bowl 50, amid discussion among doctors, players, researchers and others about the need to protect players – especially young athletes – from experiencing debilitating head injuries. Athletes suffer up to 3.8 million concussions every year, and sports are the second-leading cause of traumatic brain injuries among youth ages 15-24.

An extensive National Academy of Sciences report previously found a lack of scientific evidence that helmets and other protective devices designed for young athletes reduce concussion risk – yet some manufacturers continue to use false advertising claims that prevent athletes, parents and coaches from making informed safety decisions.

In 2012, the Federal Trade Commission (FTC) warned nearly 20 sports equipment manufacturers that they might be making deceptive concussion prevention claims, but the FTC’s actions thus far have not deterred companies from making these claims. The Youth Sports Concussion Act would empower the FTC to seek civil penalties in such cases.

Udall has led efforts in Congress to improve equipment safety standards and curb false advertising claims, focusing on ensuring parents, coaches and players have the information they need to make important decisions about how to prevent head injuries. A previous version of the Youth Sports Concussion Act passed the Senate Commerce Committee in April 2014. Last year, Udall and Sen. Bill Nelson (D-Fla.) called on the FTC to investigate potentially misleading safety claims used to sell soccer headgear. Udall also worked to include several concussion prevention provisions in December’s appropriations bill.

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