Athlete Wins $4.4M Settlement: Negligent Concussion Management and Legal Responsibilities

The roar of the crowd, the thrill of the game, the dedication to one’s sport – these are the elements that define the life of an athlete. However, beneath the surface of glory lies the potential for serious injury, particularly concussions. A recent $4.4 million settlement awarded to a former high school football player highlights the critical issue of negligent concussion management and the legal responsibilities of those entrusted with athlete safety. This landmark case serves as a stark reminder of the potentially devastating consequences of failing to properly recognize and respond to concussion symptoms.

Understanding the Severity of Concussions in Sports

Concussions are a type of traumatic brain injury (TBI) that occur when a blow to the head or body causes the brain to move rapidly inside the skull. This movement can lead to chemical changes in the brain and damage to brain cells, resulting in a range of symptoms such as headaches, dizziness, confusion, memory problems, and loss of consciousness. While most people recover from a concussion without long-term issues, athletes, especially those in contact sports, are at risk of repeated concussions, which can lead to chronic traumatic encephalopathy (CTE) and other long-term neurological problems.

The $4.4 Million Settlement: A Case of Negligence

In a case reported by MSNBC, a public school district agreed to a $4.4 million settlement with a former high school football player who suffered a catastrophic brain injury. The athlete, a senior linebacker, had a history of concussion symptoms, including headaches, leading up to the game in which he was injured. Despite these warning signs and even asking to sit out the first quarter due to pain, coaches and athletic trainers allowed him to play. He collapsed on the sidelines during halftime and required emergency surgery to relieve pressure from internal bleeding in his brain. The damage was irreversible, leaving him permanently disabled, confined to a wheelchair, and only able to communicate through a keyboard.

This tragic case underscores the legal responsibility athletic trainers have to protect student-athletes from life-threatening harm. Under Illinois law, athletic trainers have a legal obligation to ensure the safety of athletes and to provide proper care when an injury occurs. The trainers in this case failed to act on clear warning signs of a concussion, leading to the athlete’s life-changing injury. This failure constitutes negligence, which occurs when someone fails to take reasonable precautions to prevent harm to others.

Legal Responsibilities of Athletic Trainers and Schools

Athletic trainers, coaches, and schools have a duty of care to protect athletes from foreseeable harm, including concussions. This duty includes:

Implementing and Enforcing Concussion Protocols: Sports organizations are required to establish and enforce protocols for managing concussions, including “return-to-play” guidelines. These protocols are designed to protect athletes from returning to play too soon and risking further injury.
Monitoring and Responding to Injuries: Coaches and athletic trainers are responsible for monitoring athletes during practices and games and responding appropriately if an injury occurs. This includes removing athletes from play if they exhibit signs of a concussion and ensuring they receive a proper medical evaluation.
Providing Adequate Medical Care: Schools and sports organizations must provide access to qualified medical professionals who can properly evaluate and treat concussions. This includes having medical personnel with training in the diagnosis, treatment, and management of concussion at all contact-sport games and practices.
Educating Athletes and Parents: Athletes and their parents should be educated about the risks of concussions, the symptoms to watch for, and the importance of reporting any suspected head injuries.
Following Return-to-Play Guidelines: Athletes should not be allowed to return to play until they are symptom-free and have been cleared by a medical professional.

Failure to meet these responsibilities can result in legal liability for negligence. To succeed in a negligence claim, the injured athlete must prove that the coach, trainer, or organization breached their duty of care and that this breach directly caused the athlete’s injury.

The NFL Concussion Settlement: A Precedent for Change

The NFL Concussion Settlement, a landmark case involving thousands of former NFL players, has had a significant impact on the awareness and legal landscape surrounding head injuries in sports. The case arose from a class-action lawsuit filed by former players who claimed that the league had downplayed the dangers of concussions and failed to protect players from long-term brain injuries.

Under the settlement, individual awards would be capped at \$5 million for men with Alzheimer’s disease; \$4 million for those diagnosed after their deaths with chronic traumatic encephalopathy; and \$3 million for players with dementia. Any of the approximately 18,000 former NFL players would be eligible.

The NFL Concussion Settlement has also set a precedent for other sports leagues and organizations to take head injuries seriously and implement more stringent safety protocols.

NCAA and Concussion Lawsuits

The National Collegiate Athletic Association (NCAA) has also faced numerous concussion lawsuits alleging negligence in failing to protect student-athletes from concussion risks. In one case, the NCAA was ordered to pay \$18 million to a former college football player, diagnosed with dementia and Chronic Traumatic Encephalopathy, and his wife after it was found guilty of alleged negligence due to a failure to warn players about concussion risks.

The NCAA has also agreed to settlements providing medical monitoring for former student-athletes and implementing new guidelines for concussion diagnosis and management of return-to-play.

What to Do If You Suspect a Concussion

If you or your child is an athlete and you suspect a concussion, it is crucial to take the following steps:

Seek Immediate Medical Attention: Athletes should seek medical evaluation and treatment as soon as possible after a head injury. Documenting the injury and receiving appropriate care is critical for both health and legal reasons.
Report the Injury: Athletes should immediately report any suspected concussion to their coach or trainer. Failure to report an injury can complicate future legal claims.
Document Everything: Athletes and their families should keep detailed records of the injury, including medical reports, communications with coaches and trainers, and any symptoms or complications that arise after the injury.
Consult an Attorney: If an athlete believes their injury was caused by negligence, they should consult with a personal injury attorney experienced in sports-related injuries. An attorney can help assess the situation and determine the best course of action.

Moving Forward: Prioritizing Athlete Safety

The $4.4 million settlement serves as a wake-up call to schools, sports organizations, and athletic trainers. It is imperative that they prioritize athlete safety by implementing and enforcing comprehensive concussion management protocols, providing adequate medical care, and educating athletes and parents about the risks of concussions. By taking these steps, we can help protect athletes from the devastating consequences of negligent concussion management and ensure a safer future for sports.

Are you concerned about a sports-related concussion?

If you or a loved one has suffered a concussion or other serious injury in a sports-related incident, contact us today to discuss your legal options.