Monthly Archives: August 2012

Multiple Concussion Lawsuits Emerge this Week, This Time Outside the NFL

If the concussion issue does become a national crisis, one might point to August 29 as the tipping point.

On that day, it was reported that lawsuits were filed separately by athletes at the professional, college and high school level.

“It’s a fallacy to think this litigation will begin and end with the lawsuits filed against the National Football League,” said Paul D. Anderson, the editor of Concussion Litigation Reporter and the founder and publisher of NFLConcussionLitigation.com. “This is an area of law that is just now getting its legs.”

At the K-12 area, a Connecticut couple is suing a municipality, several of its employees, a local youth football league and the national organization that oversees it for injuries their teenaged son suffered during a 2010 football game.

In collegiate athletics, a former small college football player has sued the university, head football coach and team trainers over head injuries he allegedly suffered during practice and the subsequent treatment he received.

In the professional sports space, a soccer player, who retired three years ago because of concussions, has sued the club and coach for $12 million.

Concussion Litigation Reporter will report extensively on all three lawsuits in the next issue.

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September Issue of CLR Goes Live; Features Timely Reporting and Analysis

The September issue of Concussion Litigation Reporter has been published and is available at https://concussionpolicyandthelaw.com/concussion-litigation-reporter/

This issue is the best ever in terms of breadth of content, including previously unreported judicial opinions involving sports concussions; original articles written by legal practitioners, professors, and medical experts in the field; and multi-sourced stories from our team of journalists.

The table of contents follows:

  • Entering the War Room of NFL Concussion Litigation
  • Concussion legislation: Worth the Paper it’s Written On?
  • Egdorf Focuses on Emerging Liability Questions Arising from Concussions
  • Insurers Attempts To Get Out of Concussion Game
  • Posttraumatic Stress Disorder (PTSD), Suicide, Personality Alterations, and Dementia In Athletes: A Call For Change And Reform
  • State Concussion Legislation – Where We Stand
  • Texas Concussion Law’s Training Requirements Start Kicking In
  • Court Finds for School District in Concussion Case involving Swimmer
  • Court Sustains ADA Claim Brought by Coach Who Suffers from Post-concussion Syndrome
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High School Coach Opts for ‘Protective Shield’

The coach of a high profile high school football program has purchased what is being described as a protective helmet shield made of Spandex-covered gel pads, for his team to wear in practice this season.

A reporter with the Palm Beach Post reported how Cardinal Newman High School Coach Steve Walsh, the former University of Miami and NFL quarterback, believes the Guardian Caps can absorb some of the force from the minor, repetitive hits players take in practice.

“No one knows when the hit comes,” Walsh told the paper. “If you take out some of the risk, you’re helping alleviate the problem.”

The paper went on to quote R. Dawn Comstock of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio about whether the product works. “Interesting question,” she said. “Can I say definitely that they don’t work? No. What I’m incredibly disturbed by is the growing number of products flooding the market that make claims of reducing concussion risk based on impact testing at best.”

Lee Hanson, owner of Alpharetta, Ga.-based POC Ventures, countered that his product has been proven to reduce impact on a player’s helmet by up to 33 percent. “We’ve heard all this before,” he told the Post. “We’re a research and technology company. We know all about testing and making sure a product works. We also know once you get a product that does work, you can’t keep testing and not bring it to the market. We know it works.”

Another football coach, Seminole Ridge’s Matt Dickmann, wasn’t so sure on whether the product works. “We can’t afford them in our budget,” he told the Post. “And I don’t know how much research is behind it.”

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