Sports-Related Concussion Lawsuits: Litigating in the Tidal Wave of Individual and Class Claims

Description

Numerous lawsuits have been filed in the past few years against colleges and professional sports leagues and conferences alleging negligence over the handling of head trauma injuries of players involved in sports. This year at least 50 additional class action suits are expected on behalf of tens of thousands of former athletes seeking recovery for concussion injuries.

This wave of concussion lawsuits comes on the heels of a nearly $1 billion settlement between the NFL and 20,000 retired players last year. The lawsuits are targeting colleges, conferences, high schools, youth sports organizations, and equipment manufacturers on the basis of concussion injuries due to any and all contact sports, creating new legal challenges for class defense attorneys.

The lawsuits allege that coaches and trainers are not trained to spot symptoms of concussions and allowed players to continue to play despite multiple head injuries. Further, plaintiffs claim defendants failed to warn players of risks involved with head injuries, possibly resulting in chronic traumatic encephalopathy. The high-dollar settlements and judgments pave the way for more sports concussion claims and class actions, making these claims a likely candidate to be the "new" asbestos, tobacco, lead paint for ongoing and multi-billion dollar judgments and settlements.

Yet those making claims run up against the fact that the mechanism of concussion and the types and amount of force causing it are still very much in dispute. With the medical community unable to give clear answers, how can cases truly survive Daubert challenges if they go beyond a failure to warn and failure to diagnose cause of action? These are not open and shut cases, and trial in the press is not the same as trial in court.

Listen as our panel of authoritative experts addresses the issues that arise in sports-related concussion lawsuits, the strategies being used by counsel litigating these claims, damage methodology, and various settlement structures.