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Helmet maker Riddell Inc. and the NCAA were hit with a proposed class action lawsuit last week by former University of Washington players John DuRocher and Darin Harris, claiming they failed to protect NCAA football players from the effects of concussions.
The NCAA concussion class action lawsuit was filed nearly a month after the National Football League (NFL) agreed to pay more than $756 million to resolve a massive class action lawsuit accusing the league of hiding the risks of brain trauma caused by repeated head injuries associated with the sport.
The NCAA concussion class action lawsuit alleges that Riddell’s football helmet design is defective because the helmets did not protect players against concussions. Furthermore, Riddell and the NCAA failed to warn players that a concussion could lead to brain disorders such as Alzheimer’s disease, according to the complaint.
The class action lawsuit is brought on behalf of a proposed Class consisting of all former NCAA football players who suffered a concussion or concussion-like symptoms during their college playing careers and have since experienced chronic headaches, chronic dizziness, dementia, Alzheimer’s or other health issues as a result.
DuRocher and Harris both claim in the NCAA concussion class action lawsuit that they were diagnosed with concussions after games. DuRocher has since suffered frequent severe headaches. Meanwhile, Harris suffered from severe headaches, memory loss, difficulty focusing, anxiety and depression, according to the complaint.
This is the third time the NCAA has been targeted by college players for allegedly failing to protect them from the effects of concussions or to warn them about the risks; however, this is the first time that Riddell has been targeted. The sports equipment company is also facing claims from nearly 4,500 former NFL players, including the family members of players who committed suicide allegedly as a result of concussion-related brain trauma. Riddell is not part of the $765 million NFL concussion class action settlement reached in August.
The plaintiffs are accusing the NCAA and Riddell of failing to educate players about risks of concussion and implementing guidelines on when a concussed player should return to play. They are asking the defendants to establish a trust fund to pay for the monitoring of class members’ brain health.
“Even to this day the Riddell defendants do not acknowledge a link between repeat concussions and later life cognitive problems,” the complaint said. “In fact, the Riddell defendants have never warned any plaintiff or retired player of the long-term health effects of concussions.”
DuRocher and Harris are represented by Irwin Levin, Richard Shevitz, Scott Gilchrist and Lynn Toops of Cohen & Malad LLP; James R. Dugan II, David Franco, Douglas Plymale and Chad Primeaux of The Dugan Law Firm APLC; Don Barrett of Barrett Law Group PA and Douglas Gill of Douglas H. Gill & Associates.
The Riddell, NCAA Concussion Class Action Lawsuit is DuRocher, et al. v. NCAA, et al., Case No. 1:13-cv-01570, in the U.S. District Court for the Southern District of Indiana.
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One thought on Riddell, NCAA Hit with Concussion Class Action Lawsuit from Football Players
I played 4 years at University of Kentucky 1983-87 and received multiple concussions during my tenure. I currently deal with short term memory loss and other related symptoms I have always believe related to my concussions.