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2019 Sports Medicine and the Law 1 (2019)

handle is hein.hackboth/sptsmdlw2019 and id is 1 raw text is: Route To: /_/ SPORTS MEDIC and the Wani V. George Fox University - Handling Student-Athlete Complaints on the Field and In the Locker Room Dylan Henry and Kim Sachs n the following article, we summarize the case of Wani v. GeorgeFox University, and we discuss two takeaways from this case that universities and its employees should consider in order to minimize potential liability stemming from alleged physical and non-physical harm to a student-athlete both on the field and online. In 2017, Samuel Wani (Wani), a for- mer football player at George Fox University (GFU), filed a federal lawsuit in Oregon against GFU, nine GFU employees, and a former teammate seeking over $70 million in damages. He alleged that the Defendants were negligent and discriminatory in handling an injury to his thumb and that they improperly handled his complaint of racial harassment by a former teammate. His complaint alleged six causes of action: cyberbullying, negligence, medical fraud, racial discrimination, HIPAA violations, and breach of contract. After a series of motions, the Court dismissed all of Wani's claims except for his personal injury ac- tion, which is the only claim that remains See HANDLING on Page 6 Attorney Who Defends Athletic Trainers in Concussion Cases Offers Insights (Editor'Note: StevenPachman isapartnerin MontgomeryMcCracken' Litigation Depart- mentanda memberofthefrm's management committee. He concentrates his practice on the defense of traumatic brain injury (TBI) cases, and regularly represents individuals and school systems in catastrophic sports in- jury matters arising out ofalleged premature return-to-play decisions and other negligence theories in the sports' context. His past and ongoing representations include a number of high-profile, nationally-publicized concussion and other TBI cases against NCAA member colleges and universities, high schools, other academic institutions, and various school personnel, includingathletic trainers, coaches, physicians, and nurse practitioners. These cases involve catastrophically-injuredfootball players and other athletes who allegedly sus- tained prior concussions and Second Impact Syndrome as well as players diagnosed with chronic traumatic encephalopathy (CTE) following a post-mortem autopsy ofthe brain. Pachman also regularly advises school officials andattorneys, risk managers, coaches, athletic trainers, athletic departments, physicians, and other health careprofessionals on institu- tionalliability issues concerningsport-related concussions, Second Impact Syndrome, and See ATTORNEY on Page 9 Winter 2019

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