First High School Concussion Class Action Filed in Ill.

A former Illinois quarterback is suing the non-profit responsible for secondary sports regulations in a new high school concussion class action lawsuit, alleging that the organization failed to adequately inform and protect players in spite of clear developments of protocols by other organizations.

Lead plaintiff Daniel Bukal reportedly played football at Notre Dame College prep from 1999 to 2003, named as an offensive MVP by his team and to an all-conference team during his stint there. According to the high school concussion class action lawsuit, “Bukal’s school … had no concussion protocol or return to play guidelines, as the [Illinois High School Association] had yet to adopt any policies and procedures on this subject.” As a result, he says that he was not always cleared by a doctor and there was no uniform criteria for his return to practice or games.

However, the high school concussion class action lawsuit draws on research going back to at least 2001 that resulted in the establishment of concussion treatment and identification protocols for major sports organizations including FIFA and the International Hockey Federation. Subsequently, other organizations including many in the United States have also come up with recommendations regarding the proper treatment of players who may have suffered head injuries. Even with those more recent developments, the concussion class action lawsuit argues that research into the effects of repeated trauma to the head in boxers and football players has existed for decades and should have been taken into account by the Illinois High School Association.

The concussion class action lawsuit requests no damages save for medical monitoring for the putative Class as well as injunctive relief requiring the Illinois High School Association comply with the state statute setting it as the sole authority for concussion protocols in all high school sports. This would include baseline testing before every season as well as educational materials for students and their parents and requiring, at the minimum, an athletic trainer at every football game.

Other steps would include mandating the removal of players from practice who are suffering from concussion like symptoms, concussion specialists at games and ways to collect data in order to improve concussion treatment and relief.

According to the concussion class action lawsuit, more than a decade after his high school football career ended, “Bukal still suffers from the lingering effects of his concussions. Bukal gets frequent bouts of lightheadedness, suffers from migraines, and has experienced significant memory loss.” He is not yet 30.

Bukal is represented by Joseph J. Siprut and Brandon M. Cavanaugh of Siprut PC.

The High School Concussion Class Action Lawsuit is Daniel Bukal, et al. v. Illinois High School Association, in the Circuit Court of Cook County, Illinois.