Author Archives: Hackney Publications

Latest Issue of Concussion Defense Reporter Highlights Industry Trends and Most Recent Litigation

(Editor’s Note: What follows is the letter from the editor of Concussion Defense Reporter, Tony Corleto of Wilson Elser. To subscribe to CDR, which is complimentary, visit https://www.concussiondefensereporter.com/)

The Surgeon General has not determined … .

A recent publicity campaign features the image of a mother helping her 10-year-old son, in football gear, light a cigarette. The media reel for that campaign shows a coach, post-game, handing out cigarettes to youth football players.  An adolescent male voice begins “Tackle football is like smoking “ and concludes “Choose flag under 14”.  In a vacuum, one might presume the Surgeon General has issued a public health warning. Wrong. It’s just the Concussion Legacy Foundation (CLF) on its latest cycle.

On November 11, JAMA Pediatrics published the results of a two year review by a consensus panel of 11 pediatric experts in various fields (neurology, psychology, physical medicine and rehabilitation, sports and exercise, athletic training, epidemiology, prevention), to summarize current literature (1980 – 2018) and provide recommendations regarding the prevention, assessment and management of Sports Related Concussion in youth athletes. The conclusion: “There is not a recommended age or developmental stage at which contact and collision are most safely introduced for practice or competition”.  The only age specific recommendation was in ice hockey, to delay body checking until 13.

CLF has taken the campaign against youth football to state legislatures, most recently in Massachusetts and New York. Previous efforts in Illinois and California failed, we expect the latest efforts to face the same fate.  In this edition of Concussion Defense Reporter, we provide information about the proposed MA bill, including testimony from Scott Hallenbeck (USA Football), Dr. Julian Bailes and Jon Butler (Pop Warner).

Even though media remains ahead of the science, the law seems to get it. Two recent decisions denied class certification for concussion claims. In Jones v BRG (1:18-cv-07250, USDC, ND ILL, 8/1/19), district Court granted Riddell’s motion to strike class a proposed class of “All individuals who wore a Riddell helmet while participating in a High School and/or College Level football program between 1975 and the present”. Recognizing that the claims essentially sought recovery for personal injury, the court acknowledged that individual inquiries particular to each claimant’s activity, exposure and injury would predominate over any common claims about the products at issue, making individual litigation superior to class treatment.  Similarly, in Archie v Pop Warner (2:16-cv-06603, USDC, CD CA, 9/1//19) district court found that a proposed class of “All persons who enrolled their minor children in Pop Warner tackle football from 1997 to present”, for statutory false advertising claims, failed to satisfy the predominance requirement of Rule 23(b)(3). As in Jones, the decision turned on a finding that specific individualized inquiry would be needed for each claimant in the proposed class to determine whether they had in fact been exposed to and relied on the alleged advertisement.  This edition of Concussion Defense Reporter includes a detailed analysis of the Archie decision.

Cheerleading is again in the spotlight.  We report two decisions, one in favor of a school district and one for a university.  In a “second hit” case, Stevens v Azusa Pacific Univ. (2019 WL 2281585, Ca Ct, App., 5/29/19), the appeals court affirmed a ruling that the cheerleader assumed the risk of injury and that a qualified but uncertified coach did not “increase the risk” of harm.  In Biancorosso v Troy Comm. Cons. SD (App. Ct. Ill no. 2-18-0613 8/29/19) the appeals court upheld summary judgment for the school district, over a flier’s claim that the district was negligent or reckless because a cheer mat did not prevent her concussion when she fell out of a stunt.

Last but not least: One NCAA MDL plaintiff has dropped his case because he feels benefit from infrared light therapy Carr v NCAA, Brigham Young (1:16-cv-08581, USDC ND IL) and the Minnesota Vikings overturn an adverse worker’s compensation award Noga v Minnesota Vikings Football Club, 2019 WL 3439661, S. Ct, 2019.

Posted in College, Football, General, High School, insurance, Litigation, youth | Tagged | Leave a comment

California Youth Football Alliance & American Youth Football join forces to advance the California Youth Football Act

California Youth Football Alliance (CAYFA) and American Youth Football (AYF) have announced a partnership “to accelerate the enthusiastic adoption” of California Youth Football Act, AB1, “the first and leading youth tackle football safety standard in America,” which was signed into law this past year. This partnership will create “unique value” for the California youth football community.

“This new relationship is born out of consistency in goals and beliefs across the CAYFA and AYF,” according to a press release. “We are both committed to special attention to safety, respect for all kids, and equal opportunities for all. AYF applauds the CAYFA for securing the safest standards in America for our members in the California youth tackle football community. Together, we seek to co-create plans, partnerships and implementation assets for the upcoming 2020 season, so that we can maximize compliance for the 2021 season, when AB1 goes into effect.”

AB1, sponsored by the CAYFA, was signed into law by Governor Gavin Newsom on July 31, 2019 and contains a comprehensive set of tackle football safety standards, tailored specifically for the youth community in California. These standards create and reinforce practices that enhance current local and national level requirements that will serve California’s youth tackle football community well.

“This partnership cements AYF’s support of CAYFA’s approach to improving young athletes’ safety while offering them the opportunity to participate in a sport they love,” according to the release.

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Consensus Statement on Sports-Related Concussions in Youth Sports Using a Modified Delphi Approach

A recent paper by JAMA Pediatrics seems to support that notion. The purposes of the paper was to review the “rapid progress of research on this topic over the last decade, and the need to provide further guidance to youth athletes, their families, medical professionals, and athletic personnel and organizations.” To do that, “a panel of experts undertook a modified Delphi consensus process to summarize the current literature and provide recommendations regarding the prevention, assessment, and management of sports-related concussions for young athletes.”

Abstract

Importance  Given the importance of sports-related concussions among youth athletes, the rapid progress of research on this topic over the last decade, and the need to provide further guidance to youth athletes, their families, medical professionals, and athletic personnel and organizations, a panel of experts undertook a modified Delphi consensus process to summarize the current literature and provide recommendations regarding the prevention, assessment, and management of sports-related concussions for young athletes.

Methods  A consensus panel of 11 experts was created to represent a broad spectrum of expertise in youth sports and concussions. The specific questions to be addressed were developed through an iterative process consisting of 3 rounds, and a review of the literature was conducted to identify research studies related to each question. The consensus panel used a modified Delphi process to reach consensus on the conclusions and recommendations for each question.

Results and Conclusions  In 3 Delphi consensus rounds, 7 questions were addressed by the consensus panel of 11 experts, and 26 recommendations for the prevention, assessment, and management of sports-related concussions among young athletes were developed. For many of the questions addressed in this consensus statement, limitations existed in the quantity and quality of the evidence available to develop specific recommendations for youth sports stakeholders.

To get the full paper, visit: https://jamanetwork.com/journals/jamapediatrics/article-abstract/2754823

 

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