Tag Archives: legislation

February Conussion Litigation Reporter Features Ten Important Stories

What follows is the Table of Contents for the February Concussion Litigation Reporter:

February 2016, Vol. 4, No. 8

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.


  • Hockey Fighter Derek Boogaard Runs Aground on §301 of the LMRA in Concussion-Related Claim
  • Study, Boycott Brings Focus Back to the Risk of Concussion Associated with Synthetic Fields
  • The NFL Concussion Settlement and the Ethics of Informed Choice
  • New Mexico Lawmakers Scurry to Close ‘Loophole’ that Allowed Parents to Circumvent Concussion Protocol
  • Ontario Introduces Legislation to Establish Concussions Advisory Committee
  • Concussions in Water Polo Continues to be a Significant issue
  • Injured Fan Claims NASCAR Does Not Adequately Protect Spectators, Sues for Damages Relating to Traumatic Brain Injury
  • Retired Players Urge Court to Continue Discovery in NHL Concussion Suit
  • NCAA’s Hainline Talks Concussions and Unresolved Questions
  • Reaction to NCAA’s Concussion Measure

To subscribe, visit https://concussionpolicyandthelaw.com/subscribe/

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Connecticut Quarterback, State Representative Team Up to Push Concussion Litigation

House Rep. Diana Urban held a press conference recently with former starting quarterback for the UConn football team, Casey Cochran, to advocate their support of HB 6722. The bill aims to reduce the number of concussions in youth sports in Connecticut by requiring coaches to make information regarding concussions available to every child participant and his or her parent or guardian.

Just last year, Cochran announced that he was retiring from college football due to multiple concussions he sustained throughout his athletic career.

“We are so grateful to have Casey Cochran supporting the movement to reduce concussions in youth athletics. Casey is the perfect spokesperson because he embodies the message that one can be concerned about the dangers of concussions and still maintain a deep love for the game of football. I am so happy to have him in Hartford supporting HB 6722 and I hope my colleagues will join him in supporting this important child safety legislation,” said Rep. Urban.

“I believe that this type of legislation is completely necessary for the safety and wellbeing of all youth athletes. Sports are extremely beneficial for children, but it needs to be understood that injury coincides with being an athlete. Concussions are and should be considered the most dangerous type of injury a young athlete may encounter. Parents, coaches and the young athletes themselves should be fully aware of the possible danger that may result from concussions. This type of law is not made to scare anyone away from sports, but is instead best suited to help keep our youth safe,” Casey Cochran said.

Rep. Urban spoke to WTNH the morning of the press conference about why this legislation is so important and why Casey’s story must be told. Watch the video.

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DC Concussion Legislation to Protect Youth Athletes Moves Closer to Implementation

Washington DC Personal Injury Lawyer Joseph Cammarata believes the time is now to “protect the rights of injured athletes and brain injury victims.”

To that end, he authored The Athletic Concussion Protection Act of 2011, which he said recently “is designed to protect athletes age 18 or younger in the District of Columbia from the risks of concussions. The Act applies to youth athletes participating in any type of athletic activity with any public, private, charter school, or youth league.

“The core of the Act – which is considered one of the most expansive pieces of similarly themed legislation in the country – requires an athlete who is suspected of sustaining a concussion to be immediately removed from practice or play. Athletes are not to return to play unless and until they receive clearance from a licensed health care provider. The Act also establishes requirements for an educational program for athletes and their parent or guardian and requires a training program to be established by rulemaking.”

On February 14, the attorney saw the act become closer to reality when the Mayor of the District of Columbia, through the Department of Health, published proposed rules to implement the concussion protection training program required by the Act.

The proposed training program requires each coach, athletic trainer, and physical education teacher to take online concussion training, as specified in the proposed rules, and to provide a certificate of completion to the organization for whom they are working. This training must be renewed every two years. The required training must be completed before they are allowed to supervise any practice. The proposed rules also require a school offering an athletic activity to provide training to school personnel to recognize the signs and symptoms of concussion and their manifestations in a school setting. Comments on the proposed rules must be made no later than thirty days after their publication. A copy of the rules can be found at the D.C. Municipal Regulations and D.C. Register.

“The Act is a significant step toward protecting young athletes from the long-term risks posed by concussions and chronic brain injury,” said Cammarata.

Cammarata is currently representing a professional football player involved in the recent NFL concussion lawsuit. He is also a founder and current President of the Brain Injury Association of Washington, DC, a non-profit organization committed to brain injury victims and prevention, research, education, and advocacy.

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