Tag Archives: return-to-play

Concussed Plaintiff Must Exhaust Administrative Remedies before Making Accommodation Claim

A federal judge has dismissed a lawsuit from a high school football player, alleging that a school district did not do enough to accommodate him after he suffered multiple concussions.

The court will allow the plaintiff to refile his complaint, but only after he exhausts the administrative remedies that are at his disposal.6667502835_562064d2f8

As a high school freshman, the plaintiff suffered a concussion on August 31, 2009, while participating in a game of flag football during his physical education class.

Two days later, the plaintiff’s mother, called the school to inform them of her son’s injuries and that he would be returning shortly, but that he would need special accommodations until he returned to full health.

She requested he be removed from two of his classes and be placed in extra study halls so he would have extra time to complete his work and rest. She also requested his teachers be made aware of his situation so they would not ask him to participate in any unsuitable activity or any activity that might aggravate his symptoms or conditions, according to the complaint.

On September 14, the plaintiff went to the Children’s Hospital due to his persistent symptoms and underwent an EEG test. A physician proceeded to write a letter to the school’s principal, asking that the plaintiff receive academic accommodations. The letter was allegedly ignored.

On September 30, the plaintiff attended his school’s football game with the expectations of being able to sit on the sideline with his team to cheer them on and offer his support. The mother had allegedly called the football coach ahead of time, informing him that her son was still suffering symptoms of his concussion and explained that he had not been cleared to participate in the game and that he simply wanted to support his teammates.

The plaintiff claimed that …

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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.IMG_0400

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 …

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Concussions Reach the Sport of Tennis, Hampering the Career of a Star

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.

2015 has been anything but. And the year got progressively worse in September when she fell in the locker room after a third round match of the U.S. Open and suffered a concussion.file000996055093

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.’”

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