Dominic Rivera  |  November 18, 2013

Category: Legal News

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Former college football player sues NCAAThere are now five class action lawsuits filed against the National Collegiate Athletic Association (NCAA), with the oldest one now running two years old, for allegedly failing to protect college athletes from concussion. The latest class action lawsuit was filed by former Kansas fullback Christopher Powell in the U.S. District Court in Western Missouri over the same allegation.

According to the class action lawsuit, the NCAA is allegedly negligent in caring for college athletes who are suffering the long-term effects of concussions and head trauma.

Allegations in the NCAA concussion class lawsuit are similar to other related filings. Powell, however, added four documented concussions during his college career. One incident resulted in 48 hours with memory loss. The class action lawsuit states that Powell suffers neurological and cognitive deficits that require medical monitoring and out-of-pocket expenses.

The NCAA concussion lawsuit is defining its class as all former NCAA football players who suffered concussions or concussion-like symptoms who developed health issues after their careers as a result of their head injuries and who did not play in the NFL. The class action lawsuit alleges that the class could include “hundreds if not thousands of persons who have developed mental or physical problems as a result of the sustaining traumatic brain injuries, concussions or concussion like symptoms while playing in a collegiate football game.”

The NCAA does not require baseline concussion testing for college athletes. A bill sponsored by Representative Charlie Dent would require baseline testing and athletic scholarships up to four years even in cases of player injury.

The longest-running class action lawsuit against NCAA on the same nature is the one by former Eastern Illinois football player Adrian Arrington. He is alleging that NCAA is negligent and that it does not review schools’ concussion management plans nor punish those who are not following their plans.

Powell is seeking undetermined damages and medical monitoring.

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