Top Class Actions  |  December 18, 2014

Category: Consumer News

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NCAAAthletes in supposedly non-contact sports are seeking the extension of the NCAA concussion class action lawsuit settlement for players in sports like baseball, softball and others, arguing that while there is not the same high risk for injury as for football players, is one example, medical monitoring and baseline testing are still significant benefits that can benefit all athletes.

The judge overseeing the multidistrict litigation had noted this gap in coverage for the non-contact sports and requested comments from current and former athletes. They responded that another key piece of the puzzle would be the training of athletic trainers and other staff members that may be present at events. Since the risk of concussions is lower in those sports, the putative Class Members argue that it is even more important for medical staff and other personnel to be aware of warning signs and risks involved with a concussion.

One of the would-be potential Class Members is Spencer Trautmann, a senior pitcher at Western Oregon University. He admits that he has never suffered a head injury himself, but noted that teammates and competitors suffer them. While not noted in the document, baseball players in the major leagues have suffered concussions making diving catches, running into walls as well as making headfirst slides.

At Western Oregon University, the athletic programs already offer baseline testing. However, according to the document, Trautmann believes that applying this to all institutions covered by the National Collegiate Athletic Association will improve the diagnosis of early symptoms of concussions or other traumatic brain injury. The benefit of the medical monitoring program, which provides facilities or access to testing throughout the country, is also important because many students do not end up living near where they go to school.

The other plaintiffs, current or former athletes in track and field, golf and other sports, generally make similar arguments regarding the importance of the medical monitoring program and baseline testing offered by the National Collegiate Athletic Association. While the NCAA concussion class action lawsuit settlement does not provide other medical care, the “non-contact” athletes argue that the benefits of early identification significantly outweigh the small uptick in costs that may arise from extending those benefits to all NCAA athletics participants.

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 the 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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One thought on More Athletes Seek NCAA Concussion Settlement Benefits

  1. Top Class Actions says:

    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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