New State Laws On Sports Concussions Protect And Increase Liability

“A Washington State law that mandates strict procedures for handling youth athletes’ concussions has served as a template for similar policies. It has helped shape laws in several other states….”

“Modern guidelines state that athletes of all ages and in all sports, after sustaining a concussion, should not return to play until they display no symptoms (like dizziness, headaches, nausea or sensitivity to light or sound) both before and after gradually increasing physical exertion. It is less known that students feeling symptoms should be advised not to tax their cognitive function by playing video games or even studying too hard.”

“Another player’s mother, who asked the Sequim School District to begin a baseline neuropsychological testing program — which can assist in evaluating when a player has recovered and can return to play — was told that such testing, “due to liability and legal issues, is not recommended either by the insurance provider” or the Washington Interscholastic Activities Association.”

“If you purchase the program, you better be using it consistently and properly, because if you don’t, that opens up liability,” Linville said. “If you don’t own it at all, then you do not have that liability, and you are not responsible.”

The national media has recently covered high profile lawsuits involving serious injuries and deaths resulting from players returning to action too soon after a concussion and suffering a second, serious or fatal injury. In addition, studies on NFL athletes have highlighted concerns over the long term effects of repeated concussions.

A number of groups have recently lobbied congress and state legislatures for the passage of concussion protection laws such as the one referenced in the article. Many experts are trying to set new standards for more advanced concussion care, which includes a pre season neuropsychological cognitive test to establish a baseline for comparison after a concussion. It is believed that comparing the post injury test to the pre injury baseline is the best way to determine appropriate return to play protocol.

However, such testing can cost up to $10.00 per athlete and requires administrative scheduling and expense. In addition, once a sports organization adopts any safety standard, failure to fully implement can result in liability. 

The testing normally involves hiring a firm to bring in computer equipment with specialized software to a pre determined location to administer testing for all program athletes that can take up to 30 minutes per athlete. 

The debate and discussion on the topic of sports concussions and return to play protocol will result in better educated medical professionals, coaches, trainers, and parents. 

I recommend that you read the New York Times article in its entirety.

Source: The New York Times

LAWSUIT SETTLED OVER DEATH OF KENTUCKY HIGH SCHOOL FOOTBALL PLAYER

The wrongful death lawsuit for 15 year old Max Gilpin, who collapsed at Pleasure Ridge High School in August of 2008 and died three days later, has been settled for $1.75 million.

After Max’s death, his parents sued head coach Jason Stinson and five of his assistants. 

The settlement has been confirmed to The Courier-Journal by Lawyers of both sides and states that it enclosed no acknowledgment of liability by the defendants.

Source: Insurance Journal 

University of Georgia Settles Athlete Disability Insurance Dispute

Former cornerback, Decory Bryant’s $400,00 settlement with University of Georgia athletic association finally comes after his career ended in 2003 with a neck injury.  An Athens-Clarke judge dismissed the lawsuit that claimed the association failed to secure Bryant a $500,00 athlete disability insurance policy that would have paid him in the event he suffered a career-ending injury. 

Ed Tolley, the athletic association attorney, noted that the settlement was a sign that the “athletic association had committed to helping Bryant all along”. 

However, Bryant claimed that an official of the school failed to complete the paperwork for the $500,00 policy. 

Source:

http://www.insurancejournal.com/news/southeast/2010/02/26/107703.htm

Could Football Players Heat-Related Death Have Been Prevented

While the incident that led to the death of 15-year-old, Max Gilpin in August 2008 is very tragic, it could have likely been prevented. This particular case has had many experts in the sports arena scratching their heads.  The experts at “From The Gym To The Jury” commented on this case in their latest edition stating “In 19 years of reporting court cases involving injury or death at early season practices, this may be the first to result in criminal charges.” The coach, David Stinson, has pleaded “not guilty” in the player’s death.

The most important thing to focus on here is PREVENTION. If you are remotely involved with a youth sports league, each of the coaches, assistant coaches, etc. need to be made aware of the information that we provide on Heat Illness: Avoidance and Prevention. By following these guidelines, you are helping to protect your kids from heat illness and your coaches, assistant coaches, volunteers and league officials from being the target in a big dollar lawsuit.

SEC Referee Will Not Face Discipline for Gamecock Tackle

According to the South Carolina based newspaper The State, Wilbur Hackett, Jr, will not face any disciplinary action for his take down of the Gamecocks Quarterback, Garcia, in last Saturday’s game.

… the SEC office believes Hackett was protecting himself and plans to take no disciplinary action on the veteran official. Rogers Redding, the conference’s coordinator of football officials, reviewed the tape of the play and thought it was inadvertent contact.

“Garcia changes his direction just a tad, which ties up the umpire just a tad and makes it look a lot worse than it really was,” SEC spokesman Charles Bloom said.

The incident didn’t seem to have any bearing on the outcome of the game as the Gamecocks went on to score shortly after.  Accident or no accident….. We think you still have it, Hackett!