Judge Approves Revised NCAA Settlement Over Concussions

 

Judge Approves Revised NCAA Settlement ON Concussions

On Tuesday, a federal judge in Chicago granted preliminary approval to a revised head-injury settlement between thousands of former college athletes and the NCAA that includes a $70 million fund to test for brain trauma caused by concussions.

U.S. District Judge John Lee lauded the new deal for expanding potential plaintiffs to athletes from sports beyond football, hockey and other contact sports. However, Lee also suggested various changes: particularly ones that modified what would have been a blanket protection for the NCAA from class-action lawsuits.

The centerpiece of the agreement remains the same, nonetheless. This includes the NCAA’s creation of the fund to test both current and former athletes for brain injuries they claim to have suffered while playing collegiate sports. These tests would evaluate the extent of neurological injuries and could establish grounds for individual athletes seeking damages.

As part of the new deal, the NCAA is also required to strengthen concussion-management guidelines and return-to-play rules following a concussion. A new, independent Medical Science Committee will oversee all of the medical testing.

“While we are pleased the court has provided a preliminary pathway to provide significant resources for the medical monitoring of student-athletes who may suffer concussion, we are still examining the conditions placed on preliminary approval,” Lee said.

The number of athletes who have been deemed as possibly requiring testing runs into the tens of thousands. In court filings, the plaintiffs cited NCAA figures regarding concussions and other types of injuries. According to these figures, from 2004 to 2009 alone, 29,225 athletes suffered concussions.

Ten lawsuits filed from Georgia and South Carolina to Minnesota and Missouri were consolidated into one case in Chicago, where the first lawsuit was filed in 2011. Adrian Arrington (pictured), the lead plaintiff, is a former safety from Eastern Illinois University who claimed he suffered five concussions while playing, some so severe he stated he couldn’t even recognize his parents afterward.

Arrington subsequently suffered from frequent headaches, seizures, as well as memory loss and depression, which made it difficult for him to work or care for his children. He later withdrew his support due to the settlement.

One plaintiff who hasn’t withdrawn his support is former Central Arkansas wide receiver Derek K. Owens. After several concussions, he said he could no longer retain what he had just studied. His symptoms became so strong he dropped out of school in 2011, and said to his mother: “I feel like a 22-year-old with Alzheimer’s.”