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12 Concussion Litig. Rep. 1 (2023-2024)

handle is hein.hackneytwo/cclrpt0012 and id is 1 raw text is: August-September 2023 Vol. 12, No. 1-2 Notre Dame Defeats Claim by Brain- Damaged Injured Former Player By Jeff Birren, Senior Writer his July, Notre Dame scored a courtroom victory against John Askin. During four years in South Bend he suffered concussions on a weekly basis plus more serious concussions. Askin also had constant pain from other injuries, leading to an opiates' addiction. Years after becoming aware of a possible con- nection between his concussions and cognitive decline, Askin sued Notre Dame and the NCAA alleging vari- ous torts. Notre Dame won summary judgment based on the statute of limitations. Askin appealed and the Kentucky Court of Appeals affirmed the decision. THE SORRY BACKGROUND Askin grew up in Louisville, Kentucky. Gerry Faust recruited Askin to play at Archbishop Moeller High School in Cincinnati, so Askin and his fam- ily moved there. Faust became Head Coach at Notre Dame in 1980 and recruited Askin to South Bend. He entered Notre Dame in 1982 and played offensive line. Askin wore #72 jersey, 6'6 and weighed over 270 pounds. Football practice was not 'ee INJURED on 6 Widow of Former College Running Back Sues NCAA he widow of former college football player Gene Merlino has sued the NCAA, alleging her husband died at 55 as a result of suffering 14 concussions during his playing career. Specifically, Merlino's wife alleged that the NCAA suppressed knowledge about the dangers of traumatic brain injury in football. According to the lawsuit, the direct consequence of the NCAA's misconduct was that Gene Merlino developed brain disease that manifest in awide variety ofsymptoms, includ- ing self-medication, alcoholism, and an early death. Merlino played football at West Point Academy from 1984 to 1986, but was discharged from the Army allegedly because of the brain injuries he suffered as a player. Following a well-worn path, the plaintiff charged that the NCAA knew about concussions, but did nothing about them. As of 1932, the NCAA knew not only of the link between football and latent brain disease, but the NCAA knew that the number of permit- ted concussions must be limited or the player might have to be banned from participation, according to the lawsuit. If the NCAA had acted on this knowledge, Gene Merino would not See WIDOW on page 8 Copyright 0 2023 Hackney Publications (hackneypublications.com) Concussion Litigation Reporter

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