OT: College Athletes Move Concussions Into the Courtroom
The suit is spearheaded by Steve W. Berman of Hagens Berman Sobol Shapiro L.L.P., based in Seattle. The firm says it “represents workers, whistleblowers, investors and consumers in complex litigation” against the tobacco and automobile industries, among others.
Berman is a former soccer goalkeeper at Michigan, despite his modest height of 5 feet 9 ½ inches. He attributed his ability to block shots to being smart and knowing the angles, and he says he has an affinity with Owens, who volunteers that he has a “little man complex,” trying to prove himself in a big man’s world.
November 30th, 2011 at 11:11 AM ^
if that lawsuit survives a challenge to "class action" status. To me, each athlete's situation, circumstances and injuries are so different, there ought to be no certification of any class of plaintiffs.
Steve Berman says, “The goal of the lawsuit is to force the N.C.A.A. to take this seriously, so that they are really policing and making the effort that is required to prevent these injuries...”
If that is all that he wants, I don't suppose he will be aksing for millions in damages for his clients and 1/3 of that for himself.
November 30th, 2011 at 11:15 AM ^
Good for them. I have a friend who sustained a concussion in NCAA softball (hit with a foul ball from the baseball field next to hers) and her coach put her through concussion tests repeadedly on a Friday before she finally passed, only to get destroyed in her next game on Saturday because she practically didn't know where she was.
My first reaction to that story was "well, I hope the parents don't find out" because I can't imagine a coach being allowed to last after doing that and also "hopefully she doesn't seriously injure herself, because that's a million dollar lawsuit waiting to happen".
November 30th, 2011 at 11:39 AM ^
...not be certified.
If one softball coach did something that the NCAA would rightly regard as willful wrongdoing or gross negligence, it is hardly "negligence" on the part of the NCAA. Coaches and trainers are not agents of the NCAA. Even NCAA member institutions are not legal agents of the NCAA.
All of these various post-concussion student-athletes are going to have widely different stories. See, e.g., Wal-Mart Stores, Inc. v. Dukes, et al., interpreting FRCP 23(a), and citing General Telephone Co. of Southwest v. Falcon, 457 US 147 (1982).
November 30th, 2011 at 1:57 PM ^
The nice thing is, though, that sometimes it doesn't matter. Obviously you have more knowledge of the legal basis and likelihood for a settlement or whatever these guys are after, but I do know that this will be discussed in a lot of athletic departments.
Hopefully they come to the conclusion that they'll be in deep trouble if their department and coaches don't take these injuries seriously and that works to help prevent hazards like the plaintiffs are claiming.
November 30th, 2011 at 11:18 AM ^
As a former player, current high school coach, and father of a son who has suffered a concussion, I have NEVER, in 30something years in and around the game, heard of anyone teaching SPEARING. Quite the contrary. "Head Up" is yelled at almost every practice I've participated in or coached myself.
There are bodies flying around everywhere on the field. Your body only goes where your head directs it. The offensive linemen are going to butt heads with the defensive linemen. It's impossible to avoid. Every tackler is going to lean forward and get "his head across the bow" to make the tackle. It's impossible NOT to.
Blows to the head are going to happen. What's changed now, versus what happened back when I played, is the immediate aftercare. Players are no longer given smelling salts to "snap out of it." It seems everyone is now aware of the dangers of post-concussion syndrome. Baseline testing is becoming more prevalent, even at the high school level. That's probably the best thing we can do to avoid long term brain trauma.
I'm fairly certain lawsuits aren't going to reduce concussions in football. Frankly, with the size and speed of players these days, the only thing to prevent them is to quit playing the game. Let's face it, that's not going to happen.
November 30th, 2011 at 12:07 PM ^
Medical staffs have to be hired by someone over the coaches' heads: responsible only to the Hippocratic Oath, not to the coaches. There is too much CTE leading to early-onset dementia in former players, not to mention that it seems like someone becomes a quadriplegic once a year in college.
Players are too big, too fast, and too strong. The equipment is like a pain pill, but worse: it allows a player to perform without feeling the damage he is doing to himself, and won't feel until years later. Helmets minimize the impact to the outer part of the skull where the pain is felt, but does nothing to keep the brain from impacting against the inside of the skull.
I'm for playing with minimal pads and no helmets to lessen impacts. Let players feel the impacts now so they don't suffer later. Also, since "the ground can't cause a fumble," why are players allowed to slam ball carriers and QB's to the ground with impunity? The first impact of the tackle is enough; slamming the player to the ground, while great for fans because it is so "macho," should really be flagged as a flagrant personal foul.
I can't wait until the big ex-NFL player class-action suit starts. It's going to be a very interesting next few years.
November 30th, 2011 at 12:16 PM ^
LOL!
There goes Michigan's brand-icon and our (reputed) recruiting advantage.
November 30th, 2011 at 12:29 PM ^
Many people's reaction will be "Violent sports are violent." Just like "Hot coffee is hot."
But after watching the Hot Coffee documentary, (http://www.hotcoffeethemovie.com/Default.asp) I generally side with the victims. I don't doubt that NCAA has neglected concussion effects in favor of counting their money.
Hopefully the NCAA takes this seriously.
November 30th, 2011 at 1:27 PM ^
Produced by a plaintiff's lawyer, as an exercise in pure propaganda. It is hard to even know where to begin in criticizing it.
This Forbes story is a start:
Lawyer and President of the Center for Class Action Fairness was asked for an "opposition" point of view interview by the filmmaker; when he demanded a release that wouldn't allow the filmmaker to misquote him, they decided not to interview him:
http://www.pointoflaw.com/archives/2011/06/debunking-susan.php
They did get Victor Schwartz, of counsel to Shook Hardy & Bacon; he says they misquoted him:
The keeper lines from all of the reviews of "Hot Coffee"; "Hot Coffee is done in by its essential dishonesty. ... Makes you wonder if there's a legal remedy for documentarian malpractice."
http://www.miamiherald.com/2011/06/26/2282999/a-documentary-about-lawyers-this.html
November 30th, 2011 at 2:13 PM ^
Or did they put the top on?