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9 Concussion Litig. Rep. [1] (2020-2021)

handle is hein.hackneytwo/cclrpt0009 and id is 1 raw text is: July 2020, Vol. 9, No. 1 Timely reporting on developments and legal strategies at the intersection of sports and concussions- articles that benefit practicing attorneys who may be pursuing a claim or defending a client. Contents Federal Judge Sides with Concussion Plaintiff, Denying NCAA's Motion to Dismiss Concussions in Sport - What Legal Protections Are There? Third Circuit Affirms that Rules Facilitating Administration of Settlement Agreement in NFL Concussion Litigation Were Appropriate Court Rules for NCAA and American University in Concussion Case Involving Field Hockey Player Ohio House Passes Athletic Training Modernization Bill, Could Expand the Authority of ATs Concussion Evaluation Rule Proposed for College Softball Even Without Concussion, Athletes in Contact Sports May Have Brain Changes Federal Judge Sides with Concussion Plaintiff, Denying NCAA's Motion to Dismiss A federal judge from the Northern District of Illinois has denied the NCAA's motion to dismiss a concussion lawsuit brought by a former football player at Weber State University (WSU) and other similarly situated student athletes at WSU. However, it did grant the Big Sky Conference's motion to dismiss on jurisdictional grounds. Lead plaintiff Eric Weston played defensive end for WSU in Utah from 1996 to 1997. In that role, he alleged that he sustained repetitive concussive and subconcussive hits during practices and games. The hits often were so severe that Weston would not be able to remember the games he played in or the injuries he suffered, according to the complaint. Weston alleged that, during that time, the NCAA and Big Sky failed to put in place adequate concussion treatment standards, concussion management safety protocols, and return-to-play guidelines, wrote the court. As a result, Weston would be put back quickly into games and practices despite his injuries. Moreover, he asserts that Big Sky and the NCAA knew at the time that such treatment, protocols, and guidelines were necessary to monitor, manage, and mitigate the risks associated with traumatic brain injury. As a result, Weston now suffers from severe anxiety, depression, fatigue, headaches, neurological disorders, memory loss, mood swings, and other debilitating health issues. The gist of Weston's complaint is that the NCAA and Big Sky regulate the WSU football program and owe a duty of care to safeguard the wellbeing of its student-athletes. Furthermore, the NCAA and Big Sky are governed by the NCAA Constitution, which states that their primary obligation is to ensure that 'intercollegiate athletics programs shall be conducted in a manner designed to protect and enhance the physical and educational well-being of student athletes.' To accomplish this purpose, the NCAA has promulgated and implemented certain regulations and requirements for its sports, such as Operating Bylaws and Administrative Bylaws, which provide detailed instructions on game and practice rules for player well-being and safety. The NCAA also publishes a Sports Medicine Handbook (Handbook), which it updates every year. The Handbook includes official policies for the treatment and prevention of sport- related injuries, as well as return-to-play guidelines. These policies recognize that 'student-athletes rightfully assume that those who sponsor intercollegiate athletics have taken reasonable precautions to minimize the risk of injury from athletics participation.' As an NCAA member conference, Big Sky is required to enforce all applicable NCAA policies to protect the health and safety of WSU football players,

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