Settlement Reached in Standard of Care Case Involving Football Player

(Editor’s note: what follows is a brief intro to a story that appears in the July issue of Concussion Litigation Reporter. Each monthly issue will feature six to eight stories on the legal strategies being deployed by practitioners in the concussion litigation space.)

A former professional football player, who sued a physician  and the heath care company that employed him because he was allegedly  re-inserted in a football game before the lingering effects of earlier  concussions had worn off, has reached a settlement with the defendants.

In an exclusive interview with Concussion Litigation  Reporter, the attorney for plaintiff Clay Rush, Steven A. Shapiro of  Denver-based Fleishman & Shapiro P.C., said the settlement came after jury  selection. “We picked a jury and went to lunch,” he said. “When we came back,  my counterpart said, ‘We’ll pay what you are asking.’” One media outlet  reported the settlement to be seven figures.

Shapiro added that the key to the settlement with Dr.  Saurabh Mangalik and HealthONE Clinic Services was the investment his law firm  made in securing medical experts, who could help him build a case. His argument  in the instant case was that the defendants had failed to satisfy the standard  of care for re-inserting a previously concussed player back into a game. “There  is an absolute minimum standard for this,” Shapiro said.

He added that part of him wished the case had gone to trial.  “It would have been interesting,” he said. “The only other case like this that … (to view the rest of this story in the July issue and have access to future proprietary articles, subscribe by visiting

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