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Will Internal NCAA Emails Add Fuel to Concussion Lawsuits
Author: Scarinci Hollenbeck, LLC
Date: July 24, 2013
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The sports industry is facing a barrage of concussion lawsuits relating to how well it protects athletes, both professional and collegiate, from injuries and educates them about how those injuries can affect them.
At present, the NFL is facing a heated lawsuit over how it manages concussion injuries among players. The case, which involves thousands of former and current players, has the potential to change sports law and the way in which professional leagues must respond to player safety. Now, the NCAA is in the hot seat as well, as attorneys recently filed a motion with the U.S. District Court in Chicago asking that its current concussion lawsuit against the NCAA be given class-action status, The Associated Press reports.
If the motion is granted, thousands of student athletes may have a gateway to sue the league and alter the way it manages athletics. Adding to the fire are a string of internal emails that may paint the NCAA’s handling of head injuries in a negative light, according to CBS Sports. Although the NCAA held a concussion summit in 2010, the results of a survey the league conducted about how schools were preventing concussions was dismaying and leaked internal emails that followed may be more damaging. For example, one email exchange openly ridicules NCAA David Klossner, the NCAA director of health and safety, and treats his safety concerns as a joke.
“Dave is hot/heavy on the concussion stuff,” wrote Ty Halpin, the director of playing rules administration, according to CBS Sports. “He’s been trying to force our rules committees to put in rules that are not good – I think I’ve finally convinced him to calm down.”
The NCAA has denied all claims that it knowingly failed to protect students who suffered from concussions or were experiencing side effects of a concussion-related head injury.
“Student-athlete safety is one of the NCAA’s foundational principles,” spokeswoman Stacey Osburn said in a statement. “The NCAA has been at the forefront of safety issues throughout its existence.”
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