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Football Concussion Lawsuits Start To Hit High Schools

HughPickens.com writes Michael Tarm reports that a former high school quarterback has filed a lawsuit against the Illinois High School Association saying it didn't do enough to protect him from concussions when he played and still doesn't do enough to protect current players. This is the first instance in which legal action has been taken for former high school players as a whole against a group responsible for prep sports in a state. Such litigation could snowball, as similar suits targeting associations in other states are planned. "In Illinois high school football, responsibility — and, ultimately, fault — for the historically poor management of concussions begins with the IHSA," the lawsuit states. It calls high school concussions "an epidemic" and says the "most important battle being waged on high school football fields ... is the battle for the health and lives of" young players. The lawsuit calls on the Bloomington-based IHSA to tighten its head-injury protocols. It doesn't seek damages. "This is not a threat or attack on football," says attorney Joseph Siprut, who reached a $75 million settlement in a similar lawsuit against the NCAA in 2011. "Football is in danger in Illinois and other states — especially at the high school level — because of how dangerous it is. If football does not change internally, it will die. The talent well will dry up as parents keep kids out of the sport— and that's how a sport dies." Previous research has shown that far from innocuous, invisible injuries, concussions confer tremendous brain damage. Individuals with chronic traumatic encephalopathy (CTE) may show symptoms of dementia, such as memory loss, aggression, confusion and depression, which generally appear years or many decades after the trauma. "The idea that you can whack your head hundreds of times in your life and knock yourself out and get up and be fine is gone," says Chris Nowinski. "We know we can't do that anymore. This causes long-term damage."

49 of 233 comments (clear)

  1. Public healthcare and balanced risk. by Anonymous Coward · · Score: 2, Interesting

    1. Fully socialised healthcare and comprehensive welfare state like all the most advanced countries in the world do it, then there'd be no need to have this sort of inefficient, risk-avoisive bullshit just because people fear being fucked for life over a moderate injury;

    2. Acknowledgment then that lottery-win money is a ridiculous way to compensate anyone for an injury sustained while doing something risky. It fucks things over for everyone.

    1. Re:Public healthcare and balanced risk. by fuzzyfuzzyfungus · · Score: 5, Insightful

      It would simplify some of the coding and billing; but it wouldn't solve the problem that we currently have basically nothing on the table for treating this class of brain injury. At the level of gross anatomy the damage is quite modest, not necessarily even visible until you slice 'n stain postmortem; but it's usually reported as a grab-bag of psychological issues(depression, lack of focus, loss of energy, emotional disregulation, etc.) that can be quite hard on the patient and which have no terribly reliable treatments. If an SSRI and maybe a psychostimulant work for you, then great, your insurance coverage does matter. If not, though, it doesn't matter if you can afford neural repair nanites or not because they simply cannot be had.

    2. Re:Public healthcare and balanced risk. by sound+vision · · Score: 4, Interesting

      Having been in jail (and not just for a night or two), I can confirm the health care system is crap. If you have some sort of a health issue while being taken in, you get to spend an additional 24 hours in a holding cell waiting to talk to a nurse. That's on top of the 12+ hours the normal booking process takes from arrest to getting your cell. During the day-long wait, guards occasionally pop in asking if anyone inside is ready to waive their nurse consultation yet. Then when you get to talk with the nurse, it's pretty apparent she doesn't know what she's doing. During our talk I mentioned I had previously taken antidepressants, which I had stopped two months ago. So, she thought it would be a good idea to prescribe them again. Seemingly, she didn't seem to grasp that I was no longer taking them. She also didn't grasp that they take anywhere from 2-6 weeks to take effect, and my sentence was ten days. Not that I received 10 days of medication anyway, even after the consultation it was 3 days or so before they were able to stock it.

      The room and board kinda sucks too.

  2. Helmets with Sensors by Danathar · · Score: 5, Interesting

    I know it's being tried at some colleges and high schools, but it would not surprise me if mandatory sensors that communicate to central monitoring station at games and practices are required in the future.

    I'd imagine that a threshold of G's and number of times during play time or practice will require the player to sit out for a period of time or for the game/practice.

    Only a matter of time.

    1. Re:Helmets with Sensors by fuzzyfuzzyfungus · · Score: 4, Insightful

      Better sensors will be useful for providing an actual idea of what sort of forces are being encountered; but it'll be interesting to see what happens to the monitoring system if team neurology keeps coming back with observable negative results at lower and lower thresholds.

      Part of what helped the problem fly under the radar so long (despite the fact that descriptions of boxers being 'punch drunk' are available even from classical sources) was the almost complete lack of measurements. Unless it cracked the helmet or something, the only severity measure was the (probably unrecorded) subjective assessment by the victim and any bystanders, and there wasn't anyone standing around delivering cognitive function tests before and after, or anyone doing long term followup of various populations with different levels of impact exposure.

    2. Re:Helmets with Sensors by overshoot · · Score: 2

      How about we at least stop putting concussed kids back on the field? A concussion is a more serious injury than a freaking broken arm -- I know, I've treated hundreds of both. Nobody ever died of a closed arm fracture, but the same can't be said for a closed head injury.

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    3. Re:Helmets with Sensors by vivian · · Score: 4, Insightful

      How about poay a psort that doesn't require heavy physical contact?
      nearly all athletics events, swimming, baseball, basketball,as well as numerous other field games exist that manage to be entertaining without having to put players at huge physical risk like (American) football does. Same deal with rugby and league, but even those games have rules that avoid the worst of the heavy impacts - and lack of body armor in those sports means the players are required to play more within limits that will tend to have less impact on the brain.

  3. Here's an idea by diamondmagic · · Score: 5, Insightful

    Concussions are caused by sudden forces applied to the brain, right?

    Well then, let's get rid of the helmets. No, really. It's not like there's hard game pieces flying towards your head at 90+ MPH (hockey, baseball, lacrosse). The only long-term damage that a helmet can protect against is skull fractures. Other than that, they reduce the pain associated with hitting your head, making it easier to damage your brain.

    1. Re:Here's an idea by Anonymous Coward · · Score: 5, Insightful

      And we should give it a different name so people don't get confused.

      I vote for "rugby".

    2. Re:Here's an idea by youngone · · Score: 2

      Exactly. Helmets don't protect heads from concussion, mouthguards do, make them compulsory, take away the huge pads and helmets, make tackles above the shoulder illegal, problem solved.

    3. Re:Here's an idea by dargaud · · Score: 2

      Yeah, who thought that playing violent games such as football, lacrosse or hockey in college is a good idea anyway. Or anywhere for that matter, I find those sports violent and stupid. There, I said it. It's better than people going at war or tribes throwing feces at each others, but barely.

      --
      Non-Linux Penguins ?
    4. Re:Here's an idea by Deadstick · · Score: 5, Insightful

      The boxing glove did much the same thing. The human head is several pounds of thick bone, and the human hand is basically chicken drumsticks; a bare-knuckle boxer couldn't hit a man in the head very hard without breaking his fingers. The object was to hit the supraorbital ridges, opening cuts. The plentiful blood flow in the head assured that the opponent would be blinded by blood, and the fight was over. It also left him looking like the second-place winner in a knife fight, and public revulsion caused boxing bans in many jurisdictions.

      The industry headed that off by inventing the boxing glove, which cut down on the lacerations. It also hardened the fist enough that a powerful man can deliver a maximum-effort blow. Result: boxing changed from a face-rearranging sport to a brain-damaging sport.

    5. Re:Here's an idea by kylemonger · · Score: 2

      Helmets also prevent injuries such as fish-hooking the mouth, ears being ripped off, teeth being knocked out, and eyes being gouged, not to mention incidental facial abrasions from being tackled on artificial turf. Playing helmetless would like decrease head to head collisions, but would do nothing for other body parts smashing into the head. A man being wrestled to the ground by multiple opponents is likely to catch a knee or elbow, or get slammed on his back, bashing his head into the turf. There is nothing resembling professional football that I would like to see a human being playing without a helmet.

    6. Re:Here's an idea by wonkey_monkey · · Score: 4, Insightful

      There is nothing resembling professional football that I would like to see a human being playing without a helmet.

      Not a rugby fan, then.

      --
      systemd is Roko's Basilisk.
    7. Re:Here's an idea by kylemonger · · Score: 2

      Nope, not a fan of rugby. I've watched rugby matches and the carnage is dialed back a bit, but I've still seen guys laid out cold as a mackeral from hits, and I've seen fingers inadvertently raked across faces.

      I'd rather see pro football remain as it is, but also see all school sponsorship of the sport ended. Let the adults who want to make a profession of the game go into it with their eyes wide open, not indoctrinated as impressionable young people. If the sport dies from lack of participation, so be it.

    8. Re:Here's an idea by thogard · · Score: 2

      Football has a strong connection to military training. It is the best sport to teach future cannon fodder to blindly obey the rules while working as a team and follow the chain of command.

    9. Re:Here's an idea by Patent+Lover · · Score: 2

      Other people's skulls. In 1904-1909 (before there were helmets) there was an average of 18 deaths a year in college football. The sport was tiny then.

    10. Re:Here's an idea by Anonymous Coward · · Score: 2, Informative

      I have a strong preference for the round-ball game but it's only fair to point out that the term 'football' originally denoted any ball game played on foot, as opposed to games played on horseback of which there were many but only polo survives in a popular form. Meanwhile back in English public schools the chaps couldn't be bothered saying 'Association Football' so they abbreviated the name of the game to 'soc'. When one of the more versatile chaps was asked if he was going to play 'Rugger' this year he replied no, he was going to play 'soccer', and the name stuck.

  4. That's going to be tricky to wiggle out of... by fuzzyfuzzyfungus · · Score: 2

    Even if people are inclined to let bygones be bygones, and not poke the touchy question of whether certain authority figures chose to stick with the 'eh, just rub some dirt on it, wimp' theory of sports medicine for sake of convenience even after medical evidence demanded otherwise; this seems like one that isn't going to go well.

    Mitigating shocks with helmets that don't make you look like you've been engulfed by a marshmallow python just isn't an easy problem; and there isn't an obvious 'floor' value below which shocks(especially when repeated, often, and often in relatively quick succession) are entirely harmless. Even if you can push the 'eh, they knew the risks and chose to play' at the pro level, that isn't going to go so well with children, who are typically treated as unsuitable for contract-grade decision making.

    1. Re:That's going to be tricky to wiggle out of... by Deadstick · · Score: 3, Funny

      Simple fix: Play football with the feet. There are countries where they do this.

    2. Re:That's going to be tricky to wiggle out of... by ColdWetDog · · Score: 2

      While soccer (football to the rest of the world) probably has less of a problem, it is still a potentially serious issue. Better suggest golf next time. Or Dungeon and Dragons.

      --
      Faster! Faster! Faster would be better!
  5. About fucking time by overshoot · · Score: 5, Insightful

    I'm an emergency medic and unfortuntately meet a lot of kids who have been concussed -- and when they come in saying, "I think I have a concussion, it feels like the ones I get playing football" it's all I can do to not lose my shit right there. The story is always the same: kid gets his bell rung, is either unconscious or maybe A&Ox2 on the field, and if he's more or less functional by the end of the game, he's back on the field.

    Those brain cells are gone for good -- and we're talking about minors who are acting under the care of an adult in authority.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:About fucking time by CaptainDork · · Score: 2

      ... and we're talking about minors who are acting under the care of an adult in authority.

      Exactly this.

      --
      It little behooves the best of us to comment on the rest of us.
    2. Re:About fucking time by C0R1D4N · · Score: 2

      It's a problem for sure. It's not a fucking epidemic. People need to stop using that word wrong.

  6. Re:No single company by The+New+Guy+2.0 · · Score: 2

    Take the motion sensor from a iPhone and put it in the helmet next to a WiFi chip.... that's the solution they're using in the NFL.

  7. Re:When did jocks become such pussies? by BarbaraHudson · · Score: 5, Funny

    Let me guess - you played a LOT of football without a helmet?

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  8. Let it die. by TechyImmigrant · · Score: 5, Insightful

    > If football does not change internally, it will die.

    Good.

    Then schools and colleges can get back to academic disciplines.
    If people want group sports, go to the local sports center and sign up.
    Sports fuck up the priorities of schools and colleges to their detriment.

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    1. Re:Let it die. by deodiaus2 · · Score: 2

      Professional sports mess up the priorities of sports. As soon as universities charge for sport events, it is no longer a sport, but a business and profession.
      Yes, you can say that the adult athletes should know about the dangers and as such should be in a position to ascertain the risk. Fundamentally, it was one of denial that something will happen to him. The same argument could be made that the Jews knew about the risks when Hitler got elected and opted to move to Birobidzhan as soon as the Nazi movement got started, but did not want to risk loosing their jewelery market investment in Germany until it was too late. Or that the Injuns should have moved to Mexico when the Manifest Destiny movement grained traction.

    2. Re:Let it die. by TechyImmigrant · · Score: 2

      Well it was. Where I went to college, sports was not considered the business of the university. But that was a long time ago in a country far, far away. No tuition fees either.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  9. Tort System by Etherwalk · · Score: 5, Insightful

    1. Fully socialised healthcare and comprehensive welfare state like all the most advanced countries in the world do it, then there'd be no need to have this sort of inefficient, risk-avoisive bullshit just because people fear being fucked for life over a moderate injury;

    Wrong.

    The purpose of the tort system is to incentivize people to act reasonably. It has big costs--a bunch of jerks trying to get money--but that's what it's all about.

    Socialized healthcare takes care of the cost to the individual who is harmed--it does not incentivize the high school to act reasonably.

    1. Re:Tort System by catmistake · · Score: 4, Insightful

      At the HS level, its all sports and all injuries, not just football and concussions. The problem is not weak bones or weak athletes... the strongest are the first and most severly injured! The problem is the deal: "You're a good athlete! Come play for our high school team, and it may pay for your college, and lead to a lucritive sports career! But if you are injured in anyway, you have to cover your own health costs. No, we don't pay you anything, ever, unless you sue us. Yes, the district benefits massively from the slave labor of athletic minors! Hooray!" Basically, you are wrong, your argument is wrong headed, and I hope to God you never have children.

    2. Re:Tort System by sjames · · Score: 4, Informative

      Because they are minors and their coaches are presented as experts. That convinces both the kids and parents all is well when it is not. The entire school is seemingly geared to guide minors into school sports.

      Beyond that, this is a case where the 'product' is 'used' correctly and causes severe injuries anyway. Your saw scenario is a case of using the product incorrectly. If you're using the saw correctly and the blade pops off and cuts your leg off, it is a fairly clear liability for the manufacturer that got the bolts from the Happee Bolt Company and did no QC.

      And note that the suit in TFA demands only reforms to reduce concussion injury, not money.

    3. Re:Tort System by catmistake · · Score: 3, Insightful

      I'm afraid not. Your counter-argument "no one is required to play football," unfortunately, falls short of negating my argument. Here is my argument: unfair deals are unfair. Football, as an institution, is unfair to the players, regardless of no requirement to play. A student injured in HS in a football game may very well have that injury, pain and suffering, for the rest of their lives... might be the first thing they're aware of every day they wake... 35 years on... the old injury is what wakes them up. With pain. But lets go ahead and say that doesn't matter because they weren't required to play. Students have been killed on the field. But its their fault, they weren't required to play?

      Except that's not how logic, morality, law and fairness works. Continue to be obtuse if you wish, but you're not persuading anyone with stupidity.

  10. Value your prefrontal cortex? by Ihlosi · · Score: 3, Insightful
    Do you like the capabilities your pre-frontal cortex gives you, like executive functions, impulse control, etc?

    Then don't play football.

    Avoidable brain damage is stupid. Avoidable mechanical brain damage twice so.

    1. Re:Value your prefrontal cortex? by Lunix+Nutcase · · Score: 3, Insightful

      But the problem is that just like the NFL, these high school and college football programs are hiding these head injury risks from the players. It's not the kids' fault that the adults they should be able to trust are putting them into risky situations without properly informing them of the risks.

    2. Re:Value your prefrontal cortex? by BlueStrat · · Score: 2

      Do you like the capabilities your pre-frontal cortex gives you, like executive functions, impulse control, etc?

      Then don't play football.

      Avoidable brain damage is stupid. Avoidable mechanical brain damage twice so.

      But...but...where will we get future cops and politicians from, if there are no more government-indoctrinated violent and aggressive brain-damaged.individuals being turned out by schools?

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    3. Re:Value your prefrontal cortex? by BarbaraHudson · · Score: 2

      But the problem is that just like the NFL, these high school and college football programs are hiding these head injury risks from the players. It's not the kids' fault that the adults they should be able to trust are putting them into risky situations without properly informing them of the risks.

      That's not a solution. Minors can't give informed consent. They are not adults, and the presumption is that, lacking enough real-word experience, they are more subject to peer pressure, etc., and less capable of understanding what "life-long brain damage" really means. Kids think they're invulnerable, that it won't happen to them (a lot of adults also think the same wrt addiction, risky driving habits, etc).

      And the schools don't dare inform parents of all the risks - parents would say "What, are you crazy? I'm going to risk my kids future so you can get a stupid trophy for your office? DIAF."

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    4. Re:Value your prefrontal cortex? by overshoot · · Score: 2

      And the schools don't dare inform parents of all the risks - parents would say "What, are you crazy? I'm going to risk my kids future so you can get a stupid trophy for your office? DIAF."

      I wish you were right, but experience with the parents of brain-damaged young athletes indicates otherwise.

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  11. let it die by kylemonger · · Score: 2

    The talent well will dry up as parents keep kids out of the sport--- and that's how a sport dies.

    Let it die. The trend for every decade I've been alive is that more brains are needed to survive in the workplace, not less. Not only are the jobs more skilled, there are more rules to follow--- you have to have the mental wherewithal to know when you can and cannot say "fucked her right in the pussy", to use one famous example. We don't need otherwise healthy people starting at a deficit because they placed some game during their developmental years.

  12. If I was running a school system ... by jamesl · · Score: 5, Insightful

    ... I'd get rid of football. It has nothing to do with education. It costs money that schools don't have (or so the teachers' unions and school boards tell us); it causes short term and long term health problems and it exposes school systems, school employees and taxpayers to expensive and potentially ruinous lawsuits.

    All downside. No upside.

    1. Re: If I was running a school system ... by dogger · · Score: 2

      Absolutely. I live in Texas and my school district just sold a bond to build a 58million dollar stadium. It is amazing and stupid.

  13. Bad Helmet Design by networkzombie · · Score: 2

    Why does the helmet only have padding on the inside? Padding on the inside makes it like a construction workers helmet that is meant to protect you from hard objects like girders and falling buckets of nails. Padding on the outside of the helmet would (slightly more) cushion the repeated sudden shocks that can damage the brain. The hard candy shell should be in the middle to distribute the shock over a larger area, which in football doesn't help much because that area is your braincase, but the shell will help the helmet keep its shape. Of course padding outside the helmet would also eliminate the loud hit sounds that the spectators enjoy and make the players look like little cream puffs that can't play rough. We should just give the players weapons and release lions during the game.

    1. Re:Bad Helmet Design by TheSync · · Score: 3, Interesting

      Why does the helmet only have padding on the inside?

      Most football concussions now come from "rotational acceleration", the twisting of the brain inside the skull. It is much harder for a helmet to protect against there than "linear acceleration" forces, the helmet has to literally slide around the head.

  14. Football isn't going to die by Anonymous Coward · · Score: 3, Insightful

    As we get ever more data about the danger of even mild concussions, it's pretty obvious Football is never going to be "safe". It's a sport focused on big, meaty impacts between dozens of large men running at each other full tilt. But the idea Football is going to die is laughable. We've know boxing was destroying young men's minds since the 1920s, and it's still alive and....punching. There will always be someone desperate and poor enough to want to "fight their way out of poverty".

    But football as the sport of the everyman is probably over. The team captain who bullies all the nerds in 2020 will be captain of the school basketball team or something. Hell, maybe not suffering cranial trauma every week for years on end will mean these jocks won't even be dumb!

  15. Re:Cha-ching by Lunix+Nutcase · · Score: 2

    The lawsuit calls on the Bloomington-based IHSA to tighten its head-injury protocols. It doesn't seek damages.

    A lawsuit seeking no damages is clearly the ultimate path to cashing in.

  16. repeated concussions are far more damaging by The+Real+Dr+John · · Score: 4, Insightful

    "Sports" like boxing and football will never be safe because they involve repeated blows to the head. Single blows are bad enough if they are of high force, but research has shown that repeated blows to the head, even moderate ones, are more than additive. The window of vulnerability has been found to be between 3 and 5 days, meaning that you need to avoid any additional impacts for that long after you have an initial impact. Because boxing and football involve hitting the head repeatedly over the course of a single day, it is apparent why football players and boxers have the worst cases of post traumatic encephalopathy (PTE). The only way to prevent this is to stop after the first blow to the head, which would make both of these "sports" unplayable by human beings. If you want to help out with this problem, invent robots that can engage in these activities. They too will sustain damage over time, but unlike human brains, they will be repairable. They also won't file lawsuits.

    --
    A brain is a terrible thing to waste... Mind? That's debatable.
  17. Re:When did jocks become such pussies? by Patent+Lover · · Score: 2

    I like Australian football and I respect the game but things are a bit different here. The few Australians that play in the U.S. are either place kickers or punters. Both would get knocked around like rag dolls if they decided to try to tackle anybody here. It's a completely different game.

  18. Academics inferior to sports for admission by Anonymous Coward · · Score: 2, Insightful

    A little dose of reality: Colleges do FAR more to recruit and court sports talent than academic talent.

    My niece has some talent with soccer and decent grades. She was offered full rides at a lot of schools (tuition and living expense). She was offered special dorms, special tutoring, super nice facilities reserved for sports people. The coaches flew her out to their schools for sales pitches and gave her the red-carpet treatment, expensive dinners, etc.

    Me with my paltry top-1/2 percent test scores, straight A's in hard classes won with hard work, and extracurriculars, (but NOT outstanding in sports)? No heavy recruitment, no full free rides offered, though I too got offered some priority dorm access and some money.

    It dismays me how much more *kicking a ball* is worth to colleges than my big brain and hard academic work was!

    And no, you can't just "study harder". Innate talent is NOT distributed equally and people who studied and worked harder than I achieved less simply because they weren't lucky enough to be born with a first class brain as I was. And there is NO way I could physically compete with the typical football player without heavy chemical enhancement no matter how hard I tried. So much for *choice*. You must play the cards you are dealt!

    1. Re:Academics inferior to sports for admission by catmistake · · Score: 2

      Its business. Schools make BIG BIG money from the slave labor of their athletes. But a student getting straight-As and being bright doesn't earn the district anything. So its a simple solution: make it illegal for an educational institution to profit from sports, cap the salaries of the coaches. Done. No more football, no more injuries, and you won't need to feel bad anymore for being smart.