Category Archives: College

Concussed Football Player Sues School District After Coach Tells Him to ‘Man Up’ Among Stories in Latest Concussion Litigation Reporter

Concussion Litigation Reporter, November 2019, Vol. 8, No. 5

Timely reporting on developments and legal strategies at the intersection of sports and concussions—articles that benefit practicing attorneys who may be pursuing a claim or defending a client.

Table of Contents

Concussed High School Football Player Sues School District After Coach Allegedly Tells Him to ‘Man Up’ and ‘Get Back Out There’

Brain Injury from Concussion May Linger Longer than One Year After Return to Play

NFHS Sparks Controversy With Position Paper Claiming No Linkage Between CTE and Playing High School Football

Mets Fan Sues Team After Getting Hit in the Head by a T-shirt Fired from a T-shirt and Suffering Concussion

Doctor and Co-Founder of Tulane’s Center of Sport Talks Concussions

WWE Challenges Lawsuit Brought by Former Wrestlers

Chronic Traumatic Encephalopathy: Basic Issues to Consider in Traumatic Brain Injury Litigation

Study Finds No Link Between Youth Contact Sports and Cognitive, Mental Health Problems

Federal Trade Commission Sues Dallas-Based Maker of Brain Health Supplements, Citing Deceptive Claims

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Montgomery McCracken Launches Sports Medicine Law Newsletter

Montgomery McCracken is pleased to announce that the firm has partnered with Hackney Publications to launch Sports Medicine and Law, a complete source for news, case summaries, articles, and strategies concerning sports medicine and the law, whether they arise at the professional, collegiate, high school, and amateur levels. Members of Montgomery McCracken’s Sports Injury Practice, including partner Steven Pachman and associates Dylan Henry and Kim Sachs, will serve as editors. Sports Medicine and Law is provided free to members of the sports industry, and readers can subscribe here.

Montgomery McCracken’s Sports Injury practice defends and advises colleges, universities, and high schools, medical professionals (physicians, athletic trainers, and nurse practitioners), coaches, and organizations on a national basis since 2005 in traumatic brain injury (TBI) cases, with a focus on concussion, second impact syndrome, and chronic traumatic encephalopathy (CTE).

Pachman is a partner in Montgomery McCracken’s Litigation Department. His practice concentrates on the defense of TBI cases, and representing individuals and school systems in catastrophic sports injury matters arising out of alleged premature return-to-play decisions and other negligence theories in the sports’ context. His representations include a number of high-profile, nationally-publicized concussion and other TBI cases against NCAA member colleges and universities, high schools, and school personnel, including athletic trainers, coaches, physicians, and nurse practitioners. These cases involve catastrophically-injured football players and other athletes who allegedly sustained prior concussions and second impact syndrome as well as players diagnosed with CTE following a post-mortem autopsy of the brain. Pachman also regularly advises school officials and attorneys, risk managers, athletic departments and their staff, and health care professionals on institutional liability issues concerning sport-related concussions, second impact syndrome, and other sport-related injuries.

Pachman is a frequent speaker on legal matters concerning the proper management of sport-related concussions and other sport-related injuries and has authored a number of articles on the topics of how to minimize the risk of legal liability for sport-related injuries and defend against lawsuits arising out of catastrophic sport-related events. Pachman is regularly quoted by national media, including ESPN, The New York Times, The Washington Post, and CBS Sports, and has guest lectured at colleges and law schools, including the University of Michigan, the University of Oklahoma, the University of North Carolina at Chapel Hill, the University of Maryland, Villanova University, and Virginia Tech. Additionally, he has presented before the NCAA, the Big 10, the Big 12, the Ivy League, the National Athletic Trainers’ Association, the College Athletic Trainers’ Society, and the American Academy of Neurology.

Henry is an associate in Montgomery McCracken’s Litigation Department. He focuses his practice on commercial litigation. Dylan counsels individuals, school systems, and organizations on catastrophic sports injury matters, the proper management of sport-related concussions and other sport-related injuries, and TBI matters. He frequently presents and has authored articles on these legal issues and how these individuals and institutions can minimize their risk of legal liability for sport-related injuries and defend against lawsuits arising out of sport-related events.

Sachs is an associate in Montgomery McCracken’s Litigation Department and recently joined the firm’s Sports Injury practice.

About Montgomery McCracken

Montgomery McCracken is a full-service law firm with offices in Pennsylvania, New York, New Jersey and Delaware. The firm represents leading businesses, multinational corporations, nonprofit organizations and individuals across a wide range of industries in complex litigation matters, significant corporate transactions and challenging disputes. For more information about Montgomery McCracken or its practice areas, please visit us online at www.mmwr.com or on Twitter at @MMWR_Law.

About Hackney Publications

Hackney Publications delivers valuable and important information about the legal side of the sports industry. Its overriding mission, through its publications, is to maintain a narrow editorial focus on issues that matter to its subscribers. The company was founded by journalist Holt Hackney, who has spent more than 30 years writing about sports, business and the law. Besides SFL, Hackney Publications also produces Legal Issues in College Athletics, Sports Litigation Alert, Journal of NCAA Compliance, Legal Issues in High School Athletics, Concussion Litigation Reporter, and Professional Sports and the Law.

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NCAA, NFL Collaborate on Football Safety

Top medical and sport science experts from the NCAA and NFL gathered for a first-of-its kind meeting this week.

 

Their goal? Share information and emerging data in hopes of making football safer for student-athletes and professionals alike. Both groups have devoted considerable resources in recent years to improving health and safety in football.

 

The meeting Monday and Tuesday at the NCAA national office in Indianapolis was a collaborative effort organized by the groups’ respective chief medical officers — the NCAA’s Dr. Brian Hainline and the NFL’s Dr. Allen Sills.

 

The organizations shared information regarding lower-body injuries, mental health and concussion, including emerging data from the ongoing $64 million NCAA-Department of Defense Concussion Assessment, Research and Education Consortium study.

 

“This was a great interactive meeting where both organizations learned from each other,” Hainline said. “The NCAA presented cutting-edge material from the largest and most comprehensive concussion study in history as well as the Association’s mental health initiatives, which have led to a considerable cultural shift in how mental health is perceived in sport. The NFL provided key engineering data on helmet technology and lower extremity injuries vis-à-vis turf and shoe interactions.”

 

The two-day meeting included representatives from the NFL, the NCAA Sport Science Institute and sports medicine personnel from schools in Division I’s five autonomy conferences. NCAA President Mark Emmert and Jeff Miller, NFL executive vice president for health and safety initiatives, also attended.

 

The NCAA contributed a wealth of information regarding not only concussion, but the overall well-being of college athletes — with a particular focus on the Association’s continued, comprehensive efforts to address physical as well as mental health and the new interassociation recommendations on the prevention of catastrophic injury and death in collegiate student-athletes.

 

The NFL shared information from recent studies regarding the mechanics of lower-body injuries and how a multitude of recent changes to equipment standards and rules have helped make the sport safer at the professional level.

 

The NFL and NCAA plan to continue collaborating by sharing vital health and safety information and data as it emerges, which stands to benefit the sport at every level.

 

“It is clear that both organizations have much to share and much to learn from each other,” Hainline said. “Such collaboration is critical for the future of safety in sport.”

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