FIFA Concussion Class Action Lawsuit Booted

Last week, the class action lawsuit alleging that the Fèdèration Internationale de Football Association (FIFA) and other organizations failed to protect children and other soccer players from concussions was dismissed.

Lead plaintiffs alleged in their class action lawsuit that the soccer organizations have failed to implement and enforce best practices for concussion management, putting their players at significant risk even though there has been international consensus as early as 2004 about the best practices for diagnosing concussions and treating players with concussions.

On Thursday, U.S. District Judge Phyllis Hamilton issued an order dismissing the soccer concussion class action lawsuit because the court lacks personal jurisdiction over FIFA, as it is an international organization. Judge Hamilton also dismissed class action claims against the five U.S.-based soccer organizations separately named in the class action lawsuit. According to the order, the plaintiffs cannot amend their complaint regarding FIFA, but they can modify the soccer concussion lawsuit to bring their claims against the other defendants.

Judge Hamilton points out in the order that “[t]hey have … conceded that ‘heading,’ which they claim causes at least 30 percent of the concussions in soccer … is ‘a legal and encouraged maneuver’ in soccer.” Further, “Defendant has no duty to protect a plaintiff against risks inherent in a particular sport voluntarily played by the plaintiff, since those who participate in a sporting activity that poses an inherent risk of injury generally assume the risk that they may be injured while doing so,” she continues.

The other defendants named in the soccer concussion class action lawsuit include the U.S. Soccer Federation Inc., the American group in charge of soccer organizations, and the U.S. Youth Soccer Association. Lead plaintiffs include seven minor soccer players. They are all members of local soccer clubs affiliated with the regional association ultimately linked to FIFA.

In their soccer concussion class action lawsuit filed in August 2014, the plaintiffs argued FIFA was culpable because it participated in conferences discussing concussion safety since 2002 but failed to adopt the recommendations. The plaintiffs claimed that the California court has jurisdiction because the governing organization’s “Laws of the Game” bind all other soccer organizations, including FIFA’s limits on substitutions that can encourage coaches to leave in concussed players.

Judge Hamilton disagreed, saying that FIFA established that it does not organize games and soccer matches in California. “However, the complaint alleges no facts showing that plaintiffs participated in those matches, that they were playing soccer at that time, and that their so-called injury (risk of concussions) would not have occurred but for FIFA’s activity in the forum,” according to Judge Hamilton’s order.

Class action lawsuits have also been filed against the NFL, NCAA and NHL for their handling of concussions.

The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP and Minami Tamaki LLp.

The FIFA Concussion Class Action Lawsuit is Rachel Mehr, et al. v. Fèdèration Internationale de Football Association a/k/a “FIFA,” et al., Case No. 3:14-cv-03879, in the U.S. District Court for the Northern District of California.