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1 Concussion Litig. Rep. [1] (2012-2013)

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                                                                                  Co n cujSSionF





July, 2012, Vol. 1, No. 1

Timely reporting on developments and legal strategies at the intersection of sports and concussions-   Andrew M. Blecher MD
articles that benefit practicing attorneys who may be pursuing a claim or defending a client.  Sports Medicine Physician
                                                                                                   Southern California
Contents                                                                                           Orthopedic IStitute
                                                                                                   Van NUYS, CA 91405
                                                                                                   (818) 901-6600

     Revolutionizing Concussion  Claims One  Lawsuit at a Time                                  ......
                                                                                                   Michael J. Perrotti, Ph.D.
     Settlement Reached in Standard of Care Case Involving Football Player          Clinical and Forensic
     The NFLPA's Potential Legal Liability to Former Players for Traumatic Brain Injury  Neuropsychology
                                                                                                   18200 Yorba Linda Blvd.,
     Ohio House Approves Youth Concussion Bill                                                    Suite 109A
     The Gladiators Must Perform                                                                  Yorba Linda, CA 92886
     Steelers Sidestep Attorney Fees in Workers Compensation Case Ties to Concussions  (714) 52-

                                                                                                   I@forensicpsychdo
     Study Reveals Higher Concussion Rate at Schools with a Trainer            [1] NBC's Rock Center with Brian Williams
     NFL Rookies Briefed on Concussions                                                      [2] Id.
                                                                                              [3] Senator Udall's letter to the FTC
     Big Ten, Ivy League Announce Collaboration to Study Head Injuries         http://www.tomudall.senate.gov/?
                                                                                              p=pressrelease&id=738
     NCAA Plans to Hire Chief Medical Officer                                                [4]

     Meet Robert Heim, The NFL's Quarterback in the Concussion Litigation


Revolutionizing Concussion Claims One Lawsuit at a Time
By Paul D. Anderson, Editor of Concussion Litigation Reporter

With the Concussion Era fully upon us, the market is ripe for entrepreneurs to attempt to capitalize on
equipment aimed at reducing concussions. However, the buyer-and manufactures-should beware.

Renowned neurologist, Dr. Robert Cantu, recently told NBC's Kate Snow that there is no such thing
as a concussion-reduction device.I]

Dr. Cantu blasted the company, Full90 Sports, for claiming its headgear had the ability to reduce
typical impact forces by up to 50%. Dr. Cantu said that these claims are dangerous because it gives
a player a false sense of security and makes them play with greater abandon.[2]

Congress and the National Operating Committee on Standards for Athletic Equipment (NOCSAE)
issued statements regarding the avalanche of products that claim to reduce concussions.

Last year, U.S. Senator Tom Udall requested that the Federal Trade Commission investigate
potentially false claims made by Riddell Helmets, Schutt Sports and other companies that sell
refurbished helmets.[3]

Mike Oliver, NOCSAE's executive director, recently echoed Senator Udall and Dr. Cantu's comments:

     Currently there is no definitive scientific research linking mouth guards, head bands,
     supplements or other specialty products to a reduction in concussion risk or severity. For
     companies to suggest otherwise misleads athletes....[4]

These remarks perked the interest of plaintiffs' lawyers, and sparked the first-of-its-kind lawsuit via
consumer-protection statutes. Though there have been several lawsuits levied against helmet
manufacturers for personal injuries, this is the first to specifically attack a manufacture's
representation about concussion- reduction devices.[5]

On February 14th, a consumer class action was filed against Easton-Bell Sports and Riddell Helmets
in the U.S. District Court of Miami, Frank Enriquez v. Easton-Bell Sports Inc. and Riddell Inc.[6] The
lawsuit targets claims made on Riddell's website that purportedly arose from a 2003 University of
Pittsburgh Medical Center study that stated, athletes who wore the Riddell Revolution helmet

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