Wednesday, September 25, 2013

NCAA Concussion Case Mediation

Just as the NFL settles its concussion case with former players, the NCAA is reportedly entering a mediation with former Eastern Illinois players on November 1st. Retired federal jurist, Layn Phillips, is expected to be the mediator and is known for helping the NFL and NFLPA reach a recent settlement in that dispute. Plaintiffs are seeking money damages, as well as long-term medical monitoring by the NCAA and stricter concussion guidelines. Since the lawsuit was filed two years ago, the NCAA hired a chief medical officer to address the concussion issue. Attorneys for plaintiffs are still seeking class action certification for the lawsuit potentially affecting thousands of players. The NCAA's case was damaged by discovery of emails and information showing that less than half of NCAA schools require a player to see a physician post-concussion. NCAA chief legal officer, Donald Remy, has stated the association is willing to consider reasonable mediation options that address student-athlete health and safety concerns. The NCAA still faces lawsuits in the O'Bannon licensing case, from Coach Paterno's family, and on appeal regarding investigation of former USC assistant coach Todd McNair. See story here-- and NCAA site commentary on concussion management--