Category Archives: Concussions

Student-Athletes Want Schools Held in Contempt

Seven NCAA schools failed to meet the court’s deadline to turn over their athlete contact information. The student-athletes that comprise of the 4.4 million member class want the schools to be forced to explain why they missed the deadline. The student information is needed for the proposed concussion settlement process. On June 6, 2017, Judge John Lee extended the opt out or objection date for the NCAA concussion settlement. This settlement has been in the works for some time, but without the cooperation of…

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Deceased Linebacker’s Estate Sues NCAA

The family of former Pittsburg State (KS) linebacker Zack Langston, who committed suicide by shooting himself in the chest at the age of 26, is suing the NCAA over its handling of concussions. The family alleges that Langston suffered more than 100 concussions while playing at Pittsburg State from 2007-2010, and was either not given the appropriate medical treatment or not treated at all by team doctors. The lawsuit claims that the NCAA has known for decades that severe hits to the head can lead…

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Boogaard Wrongful Death Suit Dismissed

On Monday, June 5, 2017, an Illinois federal judge dismissed the remainder of a wrongful death lawsuit filed by the parents of former National Hockey League player Derek Boogaard, who died of an alcohol and painkiller-induced overdose on May 13, 2011. A subsequent examination of Boogaard’s brain led to the determination that he was suffering from Stage II chronic traumatic encephalopathy, or CTE., at the time of his death, which researchers attributed to “repeated blows to the head during his hockey career.” The lawsuit against…

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NCAA Athletes Granted Deadline Extension to Opt Out of Concussion Settlement

Judge John Lee, an Illinois federal judge, extended the opt out or objection date for the NCAA concussion settlement. Class members now have until August 4, 2017 to exclude themselves or object to the settlement. The settlement impacts an estimated 4.4 million current and former NCAA student-athletes in 43 different sports. In July 2016, Judge Lee pre-approved the $75 million settlement fund. The proposed fund earmarks $70 million for a 50-year medical monitoring program to screen student-athletes for head injuries. The additional $5 million…

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Class-Action Suit Against Riddell Dropped

A class-action lawsuit brought against Riddell by former high school and college football players has been dropped. The former players had alleged that Riddell, the NFL’s official helmet maker from 1989 to 2014, misrepresented the degree of safety provided by helmets manufactured by the company. Specifically, the plaintiffs alleged that Riddell falsely claimed in advertising and marketing materials that its Revolution helmets would reduce concussions by 31 percent compared to other helmets on the market, without ever testing them for the type of hits…

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Forward Progress: Personal Injury Suits against Helmet Maker Moving Forward

After a delay and the conclusion of the NFL concussion litigation, the 95 personal injury suits against Riddell, the former official helmet supplier for the NFL, are moving forward. On May 18, 2017, U.S. District Judge Anita Brody, a Pennsylvania federal court judge, issued a scheduling order for the claims against Riddell. Some of these suits were initially brought in 2012 and were later separated from the multidistrict concussion suit filed by ex-NFL players or their families. A suit against Riddell by NCAA football players…

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The Not-So Big Easy: Louisiana District Judge Limits AFL Player to Workers’ Compensation for Concussion Injuries

On May 10, 2017, Judge Fallon of the Eastern District of Louisiana held that Lorenzo Breland, a professional arena football player suffering from alleged concussions, was limited to pursing relief through a workers’ compensation claim. As such, the player was barred from pursuing his intentional tort claims against Arena Football One, LLC (the AFO), which owns both the Arena Football League One, LLC and Louisiana Arena Football, LLC. In originating this lawsuit, Breland asserted that he suffered multiple concussions while playing for the New Orleans…

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Boston University Calls NHL’s Subpoena Unjustified; Seeks Reimbursement of Legal Fees

Boston University has filed a motion in Minnesota federal court asking the court to order the National Hockey League to reimburse the university for $119,704 in attorneys’ fees and costs. The NHL is currently embroiled in a proposed class action suit involving the claims of former players that the NHL failed to warn the players about the risks of head injuries and concussions. One of the potential groups of members includes players diagnosed with chronic traumatic encephalopathy (CTE). Boston University is not a party to…

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Power Play: Former NHL Players Shoot for Stay of Deadlines and Bellwethers in NHL Concussion Lawsuit

On May 5, 2017, former National Hockey League players currently engaged in the concussion lawsuit submitted a letter requesting a stay of all deadlines surrounding their bid for class certification. This letter was drafted per an instruction from U.S. District Judge Susan Richard Nelson, who ordered both parties to confer and simultaneously send letters outlining their positions. In the letter, the players indicate it would be impracticable to be expected to depose the NHL’s 19 experts, oppose five expert motions in limine, obtain rebuttal…

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There’s a Doctor in the House: Two Groups of Medical Experts Approved by District Judge in NFL Concussion Settlement

On May 4, 2017, U.S. District Judge Anita Brody approved two groups of medical experts in the NFL concussion settlement. These experts will lead the testing and diagnosing of players in the class to determine whether each member has a neurological condition which will qualify them for recovery under the terms of the settlement. A list comprised of these experts was submitted last month. Per the Approval signed by Judge Brody, the two panels of experts for this Settlement Program are the Appeals Advisory Panel…

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