It would also require states that receive federal education funding to form concussion management teams, develop concussion guidelines for educating students, and establish policies to protect students suspected of sustaining a concussion from subsequent injury. The bill further focuses on academic recovery, which is a vital component for young students that is often overlooked in concussion planning.
Congressman DeSaulnier previously introduced this legislation in the th Congress. As part of this effort, he also secured opportunities for funding for schools to develop comprehensive concussions prevention and treatment plans in the bipartisan Every Student Succeeds Act PL In this article we review the litigation landscape of concussions in student athletics and the latest claim and settlement activity.
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The availability of legal defenses and state laws are also explored. Finally, we consider the risk management and underwriting approaches that we have seen in the marketplace. Knowledge and attention to the concussion issue will only grow at the professional, amateur and school levels. That makes insurer knowledge and attention even more important. At the time of this publication, the concussion settlement with NFL players is still pending the appeal of approximately 10 groups of plaintiffs. Nearly plaintiffs have opted out of the settlement in order to pursue independent litigation against the NFL.
The NCAA has also agreed to change universities' concussion management and return-toplay policies. However, a potentially dangerous loophole in the NCAA's concussion policy permits a student athlete to be recruited by another school to play, even after the athlete has been disqualified due to concussions. The U. A recent study revealed that when pre-adolescent kids get concussions, they still have impaired brain function two years later.
Numerous deceased former NFL players and their families have donated the players' brains to science in order to aid research. Department of Veterans Affairs and Boston University in In late potentially significant advances in the diagnosis of CTE took place. Detection of CTE during life could significantly increase potential exposure for schools and youth sports leagues. Another ailment most recently linked to concussions is a neurological disorder called "pseudobulbar affect" PBA , which involves "sudden outbursts of laughter or crying in inappropriate contexts.
As concussions continue to receive national attention by the media, and advances in science continue, plaintiffs' attorneys across the nation are aggressively pursuing school districts and coaches on behalf of concussed student athletes. Many of these lawsuits have been settled with the terms of the settlements remaining confidential; however, published settlements are known to include:. While this defense is often raised in concussion lawsuits, it is becoming more probable that a court will not uphold said waiver and the civil suit for damages will be permitted to proceed.
In a recent California civil suit, a year-old playing youth football was rendered a quadriplegic after he attempted to tackle an opposing player using an improper head-first tackling technique, which he claimed his coaches taught and instructed him to use. While the youth football league raised the parental waiver defense, the court questioned whether enforcing the Waiver and Release under the circumstances would violate public policy because it would remove an obligation to adhere to even a minimal standard of care or to release liability for future gross negligence.
Municipalities and their employees have traditionally been immune from tort liability in civil suits seeking damages for personal injuries. The types of immunities vary by jurisdiction, and many states have enacted tort reform acts to alleviate immunity by providing exceptions or waivers, and capping damages where lawsuits were permitted.
Protecting Student Athletes From Concussions Act of 2017 (HR 3580, 115th Congress)
This erosion of governmental immunity seems to be progressing fairly quickly in light of the seriousness of student athlete concussions. In more positive news for proponents of youth sports, a judge recently dismissed a class action lawsuit against the Illinois High School Association.
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Damage to this area of the brain during development could permanently change the architecture and functionality of this lobe and lead to permanent, long-term, adverse effects. Jeffrey Ryszard Bytomski , D.
Protecting Student Athletes From Concussions Act of (HR , th Congress) | SciPol
His research and practice to date has been focused on sports medicine and sports-related injuries. Currently there are not any standardized practices in place for monitoring the return of a student recovering from a concussion to either athletics or academics. The CDC also offers a free, online concussion training course specifically for children in grades kindergarten through twelve called Heads Up. However, all of these programs and courses are only encouraged as suggested resources and not mandated for use in primary or secondary schools. At present, there have not been any publicly reported endorsements of or opposition to this bill.
However, the topic of youth concussion awareness has received much support from elected officials. HR was introduced in the House of Representatives on July 28, , and referred to the House Committee on Education and the Workforce on the same date. The attention around concussion prevention, awareness, and treatment has increased over the past few decades. By , all 50 states and the District of Columbia had enacted similar legislation. This test has been cleared by the Food and Drug Administration to assess concussions in ages five through 59 and evaluates multiple aspects of neuropsychological function including medical history, attention span, and impulse control.
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