American Awards: No Concussion Protocol = Large Settlement

The Plaintiff, a 14 year old boy played football at Monte Vista High School. During the game, a teammate notified a coach that the Plaintiff did not seem right. Despite the report being made and the Plaintiff’s irregular behaviour, the Coaches kept the Plaintiff on the field. Afterwards, a Coach asked the Plaintiff whether he was alright, and he received a response that he was, however he later began to vomit and then collapsed near the locker room.

The Plaintiff was rushed to the hospital after his parents were called. At the hospital, the Plaintiff underwent a craniotomy (surgical removal of part of the bone from the skull) to reduce brain swelling. Following the incident, the Plaintiff suffers from a severe Traumatic Brain Injury limiting his education, work prospects and prevents him from living independently. The Plaintiff sued the school district, and alleged it failed to properly train its coaches on concussion protocol and failed to ensure the Coaches timely completed state-mandated concussion training.

Another allegation in the claim was that the Defendant failed to obtain medical care for the Plaintiff, identify his head injury, or have medical personnel at the game. The Plaintiff also sued the football helmet manufacturer.

The manufacturer settled confidentially before the trial. The jury awarded approximately $7.13 Million against the School District.

Source: ‘Trial’ Magazine, September 2018, American Association for Justice, Page 14.