NCAA Hit with Another Concussion-Related Class Action Lawsuit

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Yet another class action lawsuit has been filed against the National Collegiate Athletic Association (NCAA) over allegations the organization failed to protect them from concussions while playing college football. The latest was filed on Tuesday on behalf of all former college football players nationwide who have not played professionally in the National Football League (NFL). The plaintiffs are seeking medical monitoring benefits to detect, prevent and treat cognitive impairments.

The NCAA concussion class action lawsuit was brought by former college football players Paul Morgan, Cliff Deese and Joseph Balthazor Jr. Morgan and Deese used to play for Vanderbilt University while Balthazor played for the University of Minnesota. They claim they are suffering from long-term effects of traumatic head injuries they suffered while playing college football. They argue that NCAA failed to educate players about the risks associated with the sport yet collected $750 million per year from licensing and television rights.

According to the class action lawsuit, medical and scientific studies have shown that repeated concussions and head impacts can cause Mild Trauma Brain Injury (MTBI). “This head trauma can trigger progressive degeneration of the brain tissue – which is associated with memory loss, confusion, impaired judgment, impulse control problems, aggression, depression, and eventually, progressive dementia,” the class action lawsuit says. Because the NCAA failed to educate them about the dangers of repeated head trauma, the plaintiffs say they have experienced a higher risk of developing these conditions.

The plaintiffs argue that the NCAA had a duty to protect football players from health and safety risks, but breached this duty by failing to disclose the long-term risks associated with repeated head trauma. “Despite its awareness of the increased risk of head injury to players during previous decades, the NCAA took no action to educate its football players of these risks,” the class action lawsuit says. “Similarly, the NCAA took no action to provide medical monitoring to prevent, mitigate, monitor, diagnose, or treat these injuries.”

According to the class action lawsuit, medical monitoring of brain injuries can identify deficits that are amenable to treatment through counseling, pharmaceutical treatment, therapeutic interventions and lifestyle modifications. This type of medical monitoring is “fundamentally different from and more extensive than” the medical treatment and diagnostic procedures ordinarily recommended for adult males.

“Plaintiffs and the members of the class have no adequate remedy at law in that monetary damages alone cannot compensate them for the increased risks of long-term physical and economic losses associated with brain injury,” the class action lawsuit says. The plaintiffs are seeking an injunction to create a comprehensive medical monitoring program for Class Members that would facilitate the early diagnosis and treatment regimen for neurodegenerative disorders related to an MTBI. “Without a court-supervised, NCAA-funded, comprehensive medical monitoring program, (the Class Members) will continue to face increased risks of injury and disability, without proper diagnosis and opportunity for rehabilitation.”

This class action lawsuit is the sixth to accuse the NCAA of failing to protect student-athletes from the risks of injuries. Last month, the NCAA agreed to mediation with plaintiffs involved in one concussion-related class action lawsuit.

The plaintiffs are represented by James C. Selmer and Marc Berg of J. Selmer Law PA.

The NCAA Concussion Class Action Lawsuit is Morgan, et al. v. National Collegiate Athletic Association, Case No. 0:13-cv-03174, in the U.S. District Court for the District of Minnesota.