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Plaintiff Fails to Show USA Water Polo Was Negligent in Concussion Case

Editor’s Note: What follows is an excerpt from a case summary that appeared in the July issue of Concussion Litigation Reporter. To subscribe, visit https://concussionpolicyandthelaw.com/subscribe/

A federal judge from the Central District of California has ruled that USA Water Polo “struck the proper balance between promoting vigorous competition and ensuring the safety of its competitors,” when it dismissed the claim of a mother, whose 16-year-old daughter, H.C., suffered a concussion in the pool.

The mother had claimed that USA Water Polo failed to have an adequate concussion policy or respond in a timely manner to the concussion, “aggravating” the initial injury and leading to post-concussion syndrome.

By way of background, H.C. played water polo for one of 500 USA Water Polo-registered clubs and was participating in a tournament organized and managed by USA Water Polo. On the first day of the tournament, H.C., while playing the goalie position, was hit in the face by a shot, which led to a concussion. H.C’s coach, allegedly lacking any concussion management training, allowed H.C. to continue playing in that game and in subsequent games where she …

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