$4.4M Verdict For High School Football Head Injury

On September 14, 2007, while playing in a high school football game, Scott Eveland, suffered a serious head injury due to bleeding inside his brain.  He now has to communicate using a keyboard and is confined to a wheelchair due to extensive brain damage.

It was alleged that, head coach, Chris Hauser, ignored warning signs.  Scott had complained to the assistant trainer the week before the game that he was having headaches and had already missed some practices.  Then on the day of the injury, Scott requested to sit out the first quarter due to a headache, but the head coach denied his request.  A settlement of $4.4 million has now been agreed upon by the area school district in San Diego. 

Jury verdicts of this nature will pressure General Liability carriers to increase rates or restrict coverage.  See the comments to the link provided below to the outcry from high school coaches and former players who are concerned that jury verdicts will end contact sports such as tackle football.  In my opinion, this risk will be better managed in the future by the use of better waiver / release agreements, education on concussions and warning signs, baseline cognitive testing and better helmet technology.

 John Sadler

Source: MSN News

University Fails To Renew Prize Insurance – Pays $20,000 Out Of Pocket

“A Tennessee state university has apologized to an insurance company after representing that the insurer improperly denied a $20,000 prize claim to fund a promotional contest held during a basketball game.”

Unfortunately, the Prize Indemnification Insurance policy for the promotion had not been renewed; therefore, the promotion sponsors and University had to pay the student who met the requirements for the contest.  An employee of the University failed to communicate to officials that the policy had expired.

The student successfully made shots from the Free throw line, three point line, and half court.

Source:  Tennessee School Admits Four Over Basketball Insurance, Insurance Journal, February 20, 2012

Will Concussions Cause The End of Football?

Here is a doomsday vision by the authors of an article on this topic:

“Insurance Companies might cease to insure colleges and high schools against football-related lawsuits.  Coaches, team physicians, and referees would become increasingly nervous about their financial exposure in our litigious society.  If you are coaching a high school football team, or refereeing a game as a volunteer, it is sobering to think that you could be hit with a $2 million lawsuit at any point in time.  A lot of people will see it as easier to just stay away.  More and more modern parents will keep kids out of playing football, and there tend to be a “contagion effect” with such decisions; once some parents have second thoughts, many others follow suit.  We have seen such domino effects with the risks of smoking or driving without seatbelts, two unsafe practices that were common in the 1960s but are much rarer today.  The end result is that the NFL’s feeder system would dry up and advertisers and networks would shy away from associating with the league, owing to adverse publicity and some chance of being named as co-defendants in future lawsuits.”

 “This slow death march could easily take 10 to 15 years.  Imagine the timeline.  A couple more college players – or worse, high schoolers – commit suicide with autopsies showing CTE.  A jury makes a huge award of $20 million to a family.  A class-action suit shapes up with real legs, the NFL keeps changing its rules, but it turns out that less than concussion levels of constant head contact still produce CTE.  Technological solutions (new helmets, pads) are tried and they fail to solve the problem.  Soon high schools decide it isn’t worth it.  The Ivy League quits football, then California shuts down its participation, busting up the Pac-12.  Then the Big Ten calls I quits, followed by the East Coast schools.  Now it’s mainly a regional sport in the southeast and Texas/Oklahoma.  The socioeconomic picture of a football player becomes more homogeneous; poor, week home life, poorly educated.  Ford and Chevy pull their advertising, as does IBM and eventually the beer companies.”

Hopefully, this doomsday vision will never materialize as youth football, high school, college, and pros will recognize the threat and will be quick to implement:

• Massive education program for players, parents, and coaches on the symptoms of concussions, procedures for evaluating possible concussions, removal policies, return to play policies, etc.
• Baseline neuropsychological testing to compare against post concussion testing
• More studies on the effects of cumulative impacts or hits to the head that are not concussions
• New helmet technology
• Rule modifications to limit helmet to helmet contact

General Liability  insurance carriers that insure Football organizations will be following these developments closely as they are very concerned over the liability potential. 

John Sadler                          

Source: What Would The End Of Football Look Like?, Tyler Cohen and Kevin Arier, February I, 2012,

Is Workers Compensation Exclusive Remedy For NFL Concussions?

“The NFL is named as a defendant in 21 suits that allege the league negligently misled at least several hundred players about the dangers of concussions and other head injuries.  Riddell Inc., the league’s official helmet maker, also is named as a defendant in some of the suits.”

“The National Football League is expected to use the exclusive remedy defense in liability litigation filed by hundreds of former pro football players who suffer from concussion-related injuries and cognitive disorders.”

“Sports risk management consultant Herb Appenzeller of Appenzeller & Associates, Inc. in Summerfield, N.C., said it will be interesting to see whether courts interpret the NFL lawsuits as being a matter of negligence or workers comp law.”

Source: Business Insurance, January 30, 2012

Super Bowl Insurance And Risk Management: More Than The Main Event

“Fans likely also will be unaware that the exposures that have been addressed include not just the event inside Indianapolis’ Lucas Oil Stadium, but those extending far beyond the venue’s gates.”

“The planning of an event the size and scope of the Super Bowl has been going on for years in advance of this event.”

The types of insurance policies typically needed for a Super Bowl type of event are spread among multiple insurance carriers and include the following:

  * General Liability And Excess (limits may exceed $100 Million)

  * Property

  * Media Liability

  * Event Cancellation

  * Weather Insurance

Here are some Super Bowl Exposures that require risk management controls:

*  The event itself including field, stands, and surrounding parking lots for the normal exposures of slip/trip/fall, crowd management, security.

*  Preparation for terrorist attack including prevention and response.

*  Halftime show with all the people on stage and fireworks.

*  Pre game airplane flyover.

*  Adverse weather that prevents ingress and egress including postponement and cancellation contingency plans.

*  Surrounding activities such as pep rallies, parties, entertainment events, etc.

*  Collapse and other liability resulting from temporary event structures such as stages, bleachers, platforms, tents etc.

Source: Planners Tackle Super Bowl Risks, Rodd Zolkos, Business Insurance, January 30, 2012

After Tragic Injuries: How To Make Ice Hockey Safer

“Two tragic spine injuries in Minnesota high school hockey games in the last month have sparked debate among parents, officials, and fans over how the rough sport can be made safer.”

“The Minnesota State High School League acted quickly announcing tougher penalties for three types of infractions that increase the risk of spine injuries: checking from behind, boarding, and contact to the head.”

“However, prevention of these kinds of injuries will take a major effort from everyone involved in youth hockey — from the leagues and officials, to coaches, parents and players themselves, experts say. It will take a combination of stricter rules, better conditioning, smarter playing techniques – and maybe an overhaul of hockey culture itself.”

Here are some specific ideas:

*  “Jack’s Pledge” was established by the  family of a severely injured player.  High school hockey players are seen pledging to play more safely on a Youtube video.

*  Players who play violently even when they haven’t received a penalty should be forced to sit out for a period of time or for the time remaining to the end of the game.  

*  To help prevent spine injuries in young players, neck  strength should be increased.  Too many players have underdeveloped necks as compared to biceps and thighs.

*  Better techniques can be taught to help players with administering and receiving checks.  Programs at USA Hockey have been assisted by The Mayo Clinic to help combat both spine and head injuries.

*  Provide instruction on proper way to crash into boards.  Most players usually holds their heads down and leans into the fall.  A “heads up don’t duck” prevention strategy is being promoted which helps with the mechanism of the injury so the player can avoid it.

Source: MSN News