Concussion Cover-Up? Student Athlete Settlements and Holding Schools Accountable

Each year, an estimated 1.6 to 3.8 million sports- and recreation-related concussions occur in the United States. When these injuries happen to student-athletes, the stakes are high. Beyond the immediate health concerns, questions arise about the responsibility of schools and sports organizations to protect these young individuals. Are schools doing enough, or are they covering up potential negligence? What legal recourse do student-athletes and their families have when concussions occur?

The Alarming Reality of Student-Athlete Concussions

Concussions in student-athletes are a growing concern, with football accounting for more than half of concussions in high school athletes. The long-term effects of repeated head injuries can be devastating, leading to neurological disorders like Alzheimer’s, dementia, and chronic traumatic encephalopathy (CTE). It’s estimated that one out of every ten high school football players suffers a concussion each year, yet the long-term consequences of these injuries remain largely unknown.

Legal Rights of Injured Student-Athletes

Student-athletes who sustain concussions due to negligence may have legal options. Potential defendants can include coaches, schools, and physicians. Coaches have a duty to exercise reasonable care to prevent foreseeable harm, while schools are responsible for the actions of their employees, including coaches and athletic trainers. Governing bodies of youth sports and athletic associations may also be liable if they fail to adopt or enforce appropriate concussion management policies.

Establishing Negligence

Proving negligence in sports injury cases requires demonstrating that the school or organization breached its duty of care to the student-athlete. This might involve showing that coaches were not properly trained to recognize concussion symptoms or that the school failed to implement known safety measures. Expert testimony from medical professionals and sports safety specialists often plays a crucial role in these cases.

Parental Waivers and Assumption of Risk

Schools often require parents to sign waivers releasing the organization from liability for injuries. While these waivers are often raised as defenses in concussion lawsuits, courts are increasingly questioning their validity, especially in cases of gross negligence. The argument is that enforcing such waivers would violate public policy by removing the obligation to adhere to even a minimal standard of care.

Historically, courts followed the doctrine of “assumption of the risk,” which barred recovery for those who voluntarily participate in dangerous activities. However, this doctrine has largely fallen out of favor, replaced by comparative negligence rules. Under comparative negligence, an injured person is only denied recovery if they are found to be at least 51% at fault for the injury.

Holding Schools Accountable: Settlements and Lawsuits

Numerous lawsuits have been filed against schools and sports organizations for failing to protect student-athletes from concussions. These lawsuits often allege negligence in supervision, inadequate medical response, and premature return to play.

Notable Settlements and Verdicts

$7.1 million: A former high school football player in California was awarded \$7.1 million in a concussion lawsuit based on a delayed diagnosis and continued play after the head injury, which resulted in the concussion worsening.
$4.4 million: Settlement arising from allegations that a coach ignored evidence that a 17-year-old football player was experiencing headaches and allowed the player to return to play.
$1 million: Verdict after a jury found a school district at fault because the school nurse was negligent in not notifying coaches and the student’s guardian of a possible concussion.
$2 million: Settlement in a case involving a 16-year-old high school football player who sustained a head injury during practice while not wearing a helmet.

The NCAA’s Role and Liability

The NCAA has faced numerous lawsuits regarding its handling of student-athlete concussions. These lawsuits allege that the NCAA failed to adequately protect student-athletes from the long-term effects of head injuries.

In one case, a Maryland resident sued the NCAA, alleging that he suffers from neurodegenerative brain disease caused by repeated head trauma sustained while playing college football. The plaintiff claimed that the NCAA failed to inform players of the dangers, establish safe rules, and implement an effective concussion protocol. The court held that the NCAA was subject to personal jurisdiction in Maryland because it purposefully directed its activities at the state by issuing comprehensive rules for college football.

The NCAA reached a \$75 million settlement in a concussion lawsuit, which included \$70 million for medical monitoring of former athletes and \$5 million for concussion-related research. The settlement also requires the NCAA to implement more stringent concussion management and return-to-play policies.

Steps Schools Can Take to Protect Student-Athletes

To protect student-athletes and mitigate legal risks, schools should implement comprehensive concussion management protocols. These protocols should include:

Pre-season education: Providing concussion education materials to student-athletes, coaches, and parents.
Pre-participation assessment: Conducting baseline concussion assessments for all student-athletes.
Recognition and diagnosis: Removing any athlete from play who exhibits signs or symptoms of a concussion.
Proper medical evaluation: Ensuring that athletes are evaluated by qualified medical professionals with concussion experience.
Post-concussion management: Implementing aReturn-to-learn and return-to-play protocols.
Limiting head trauma exposure: Adhering to ethical standards and prohibiting the use of playing or protective equipment as a weapon.

Advice for Student-Athletes and Parents

If your child is a student-athlete, take the following steps to protect their rights and safety:

Seek immediate medical attention: If your child sustains a head injury, seek medical evaluation and treatment as soon as possible.
Report the injury: Immediately report any suspected concussion to the coach or trainer.
Document everything: Keep detailed records of the injury, medical treatment, and any communication with the school or sports organization.
Understand return-to-play protocols: Ensure that your child follows a supervised, stepwise progression before returning to sports activities.
Consult with a personal injury attorney: If you believe that your child’s concussion was the result of negligence, consult with an attorney to explore your legal options.

Conclusion

Concussion cover-ups and negligence in student athletics can have devastating consequences. By holding schools and sports organizations accountable, we can create a safer environment for young athletes and ensure they receive the care and protection they deserve.