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A putative class of NCAA student athletes have reached a class action settlement with the National Collegiate Athletic Association that would set aside $70 million for medical monitoring for up to 50 years as well as $5 million for research into brain injuries from concussions and the effect on athletes.
The NCAA concussion settlement, filed with the Court July 29, resolves multiple class action lawsuits accusing the NCAA of failing to protect student athletes from concussions, which can lead to life-long injuries. In one of the first NCAA concussion class action lawsuits to be filed, lead plaintiff and former college football player Adrian Arrington questioned the association’s policies regarding brain injuries as well as what information it released to them.
The U.S. Judicial Panel on Multidistrict Litigation consolidated the cases in December, saying the class action lawsuits “share common factual questions concerning the NCAA’s knowledge of the risks of concussions in football players and its policies governing the protection of players from such injuries[.]”
As has been earlier reported, medical monitoring remains the key point of emphasis in the NCAA concussion class action settlement. The NCAA will set up a medical board that will collect information from member schools as well as review applications from male and female athletes who compete in football, lacrosse, wrestling, ice hockey, field hockey, soccer and/or basketball. If they pass the screening they will be able to receive screenings on a regular basis.
Other recommended updates in policy to resolve the NCAA concussion class action lawsuits include not just medical specialists trained in diagnosing collisions and potential traumatic brain injury during games but also at all “contact sports” practices in Divisions I, II and III.
Whether for college football or any other sport, the NCAA will also ask its members to pass new bylaws that would require the following:
1) Pre-season baseline testing
2) Preventing student athletes from returning to play before medical clearance
3) No student athlete may return to the activity on the date of a concussion diagnosis
“We have been and will continue to be committed to student-athlete safety, which is one of the NCAA’s foundational principles,” said NCAA Chief Medical Officer Brian Hainline in a statement. “This agreement’s proactive measures will ensure student-athletes have access to high quality medical care by physicians with experience in the diagnosis, treatment and management of concussions.”
The NCAA concussion class action settlement is pending a judge’s approval.
The Arrington plaintiffs are represented by Steve Berman, Elizabeth Fegan, Daniel Kurowski and Thomas Ahlering of Hagens Berman Sobol Shapiro LLP and Joseph Siprut of Siprut PC.
The NCAA Concussion MDL is In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492 in U.S. District Court for the Northern District of Illinois.
UPDATE: On Dec. 17, 2014, a judge rejected the $75 million NCAA concussion class action settlement, finding that the deal was unfair. He sent the parties back for further negotiation.
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2 thoughts onNCAA Reaches $75M Class Action Settlement over Concussion Injuries
UPDATE: On Dec. 17, 2014, a judge rejected the $75 million NCAA concussion class action settlement, finding that the deal was unfair. He sent the parties back for further negotiation.
I suffered a Concussion as a player on the Practice Squad at a Big Ten university in 1975. I experienced dizziness, vomiting, headaches, an brief unconsciousness on several occasions. I was seen by the Team physician yet permitted to return to practice.