With updates on the NFL concussion lawsuit making headlines lately, not as much attention has gone to a similar suit brought against the NCAA by former student athletes. However, progress is being made in the NCAA suit with the focus moving toward making changes designed to educate and protect student players from concussions.
NCAA to Enforce Strict Concussion Protocol across all Sports
The NCAA recently announced that a preliminary settlement was agreed upon in the pending class action lawsuit. The class action was brought against the governing body by a number of ex-college athletes who alleged that the NCAA was negligent due to its lack of specific concussion policies and protocol. The athletes brought the suit with a primary intention of forcing the NCAA to revamp safety measures, protocol, and monitoring programs regarding head injuries occurring during collegiate games and practice sessions. These head injuries have tremendous impact on student athletes educational aspirations as well as their long term health.
Under the proposed settlement terms, a $70 million fund will be established to provide brain injury testing for current and former college athletes. Once tested, the results may enable those with evidence of brain injury to sue for damages going forward.
Plaintiffs still looking for Specifics on Financial Damages for Injured Ex-Players
Other settlement terms are focused on strict protocol designed to keep concussed players off the field for an appropriate length of time. This involves changes to the NCAA’s “return to play” policy. It provides strict instructions on how players are to be treated by coaches and athletic trainers if they sustain a concussion during a game or practice. It also provides guidelines regarding when student athletes can return to action. The new policy would apply to all NCAA-sanctioned sports and to both genders. Additionally, teams will now be required to have a trained medical professional on site for all contact sports and sports with high concussion risks such as football, lacrosse, basketball, soccer, and wrestling.
Although the existing NCAA settlement addresses several policy changes for their sports, it should be noted that financial damages were not mentioned. Legal experts agree that it is difficult to create one all inclusive category for different sports — swimmers to football players — based on the considerable differences between their athletic careers. Individual athletes will still be able to bring suits based on their particular situation.
The agreement is still only in a preliminary stage, as the presiding Judge John Z. Lee must approve this settlement.
References: The Wire
