Tag Archives: return-to-play
Former High School Football Player Can Seek Punitive Damages in Lawsuit against Teammate, Judge Rules
(Editor’s Note: What follows is an excerpt from an article that appeared in October issue on Concussion Litigation Reporter. For the details, subscribe at http://concussionpolicyandthelaw.com/subscribe/)
A California state court judge has ruled that a former high school football player can seek punitive damages against a teammate, who allegedly crossed the line with his aggression and gave the player a concussion.
The plaintiff, whose name was withheld because he remains a minor, first filed the lawsuit in May of 2015, naming his teammate, the teammate’s parents, the high school, the head coach and others as defendants.
The incident in question occurred during practice in August 2013. The plaintiff allegedly overpowered the teammate during a helmet-to-helmet drill. An assistant coach then allegedly made fun of the teammate for getting beat. On the next play, the teammate used his helmet to smash into a defenseless and vulnerable plaintiff, targeting plaintiff’s helmet and head, to ensure that defendant … would beat plaintiff, according to the complaint. The plaintiff was eventually diagnosed with a concussion, a brainstem stroke, and sensory deficits, according to the complaint.
The defendant and his parents countered through their attorneys that …
Young tennis star Eugenie Bouchard had the world by the tail in 2014, reaching the Wimbledon final as well as the semifinals at the Australian and French Open.
Bouchard tried to come back at the China Open this week, but was forced to retire after she became dizzy in her opening match against Andrea Petkovic.
“I just asked her what happened, and she told me that she felt very dizzy,” Petkovic said in a press conference after the match. “Then I asked if it was the same, if it still was the concussion. She said, ‘Yeah, it tends to come back when she gets physically very active.’”
Chris Nowinski, a co-director of the Center for the Study of Traumatic Encephalopathy at Boston University, recenty told the Associated Press that the fact that Golden State Warriors Stephan Curry and Klay Thompson did not mmediately get up after being hit in the head during recent games was probably a sign that they were concussed.
Furthermore, both Nowinski and Dr. Jeffrey Kutcher, head of the NBA’s concussion program, both noted that symptoms can surface well after fact, meaning both players should have probably been held out of the game after the initial injury.
“Doctors at the professional level aren’t considering on-court symptoms as part of the concussion tests,” Nowinski told the wire service. “If a player passes the test despite the fact we know it’s far from perfect, doctors rarely feel confident enough to hold a player out. The GMs and coaches just listen to the doctor and don’t make a decision.”
Kutcher said it could take hours for symptoms arise.
“That’s just the nature of the injury,” he said. “One of the fallacies that we deal with is the idea that every concussion can be diagnosed if only they would have looked hard enough. That is an absolute fallacy.”