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Topic:  Bowling Green settles lawsuit

Topic:  Bowling Green settles lawsuit
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Recovering Journalist
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  Message Not Read  Bowling Green settles lawsuit
   Posted: 5/4/2016 5:38:47 PM 
It's not a huge amount, but I think the implications from this type of legal action are pretty serious for any type of football, particularly the non-pro level.

http://espn.go.com/college-football/story/_/id/15459418/b...
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OhioStunter
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/4/2016 6:43:29 PM 
I have no reason to doubt the validity of his claims. However, three key questions came to mind on this:

1. How did they arrive at a $712,000 settlement? That seems rather excessive.

2. Because of the high settlement, could other players make these claims -- including claims that may not be legitimate? (this is hard to prove and BG didn't want to fight it -- if you are a college FB without real NFL prospects, may have concussion symptoms and are dishonest, you could really game the system here)

3. If schools play it safer and take athletes out at even the hint of concussions, will players sue for lack of playing time/chance at the pros?

This is, after all, a society that files a class-action suit for too much ice in iced drinks.

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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/4/2016 7:17:38 PM 
OhioStunter wrote:

1. How did they arrive at a $712,000 settlement? That seems rather excessive.



Would you take permanent brain damage in exchange for $712,000?

Whether this particular claim was valid or not is kind of beside the greater point. All schools and programs are vulnerable to this kind of liability because all football teams have players who regularly suffer concussions. Following protocols ameliorates the health and legal risks but does not eliminate them.
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Pataskala
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/5/2016 12:38:23 PM 
Recovering Journalist wrote:
OhioStunter wrote:

1. How did they arrive at a $712,000 settlement? That seems rather excessive.



Would you take permanent brain damage in exchange for $712,000?

Whether this particular claim was valid or not is kind of beside the greater point. All schools and programs are vulnerable to this kind of liability because all football teams have players who regularly suffer concussions. Following protocols ameliorates the health and legal risks but does not eliminate them.


Notice, too, that his alleged injury occurred six years ago, before the NCAA installed the concussion protocols.


We will get by.
We will get by.
We will get by.
We will survive.

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OhioStunter
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/5/2016 2:19:46 PM 
Recovering Journalist wrote:
OhioStunter wrote:

1. How did they arrive at a $712,000 settlement? That seems rather excessive.



Would you take permanent brain damage in exchange for $712,000?

Whether this particular claim was valid or not is kind of beside the greater point. All schools and programs are vulnerable to this kind of liability because all football teams have players who regularly suffer concussions. Following protocols ameliorates the health and legal risks but does not eliminate them.


It's easy to bundle a lot of issues into one response, so I will try to break this down:

Permanent Brain Damage or $712,000?
I don't know how you can put a monetary value on health, or life. Typically judgments are awarded based on lost wages, estimated damages, etc. This seems to be for "pain and suffering."

But I'm not sure what the official definition of permanent brain damage is. From the report: "He continues to suffer from depression, migraine headaches, anxiety and difficulty sleeping, according to his lawsuit." If that is the definition, I would venture that a good amount of former players may experience the same thing. Do they all have permanent brain damage? Are they entitled to a settlement?

Liability:
You are absolutely right. Even signing a waiver doesn't protect the school. If more claims/settlements occur, this is another sign of the end of college football as we know it. If a player doesn't know his own name, and other players, coaches and trainers don't see that and still put him on the field, that's a problem. I'd like to believe that if someone HAD seen that, they would not have put him further in harm's way.

Unionization:
This is the tangible result of what a core of the unionization issue was about -- health of athletes. He was injured and ultimately had his scholarship taken away because of it. The unionization proposal would have stopped that practice and maybe would have prevented a lawsuit.

The Future:
How easy is this to repeat for other athletes? Get banged up, continue to play, then file a lawsuit alleging the school didn't take proper care of them? (valid claims or not)



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BillyTheCat
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/5/2016 4:30:34 PM 
And yet come week 1 when a player is flagged for a targeting call and ejected people will be crying because they don't let them play, ESPN will be diagraming the hit and trashing the officials and the rule for ruining the game, then the next segment will be the top 10 plays of the day, most all will involve some sort of hit high, and then after the commercial break they will do a story on how some player has serious injuries from the games after their career is over.


As for his symptoms regarding his permanent disabilities, many Americans suffer from those things and they never played a game in their life most of them.


He did not have his scholarship taken away because he was injured, it was taken away because he quit, there is a difference, injured players receive medical scholarships, retaining their aid (and possibly doing some other work with the team or in the department, but they retain their grant in aid. This guy walked away, there is a difference.

Last Edited: 5/5/2016 4:32:46 PM by BillyTheCat

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OhioCatFan
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/5/2016 4:43:20 PM 
A complete +1 for BTC. Great points. I thought the ESPN description very true to form. They speak out of multiple sides of their corporate mouths all the time.


The only BLSS Certified Hypocrite on BA

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OhioStunter
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/6/2016 3:07:50 PM 
BillyTheCat wrote:

He did not have his scholarship taken away because he was injured, it was taken away because he quit, there is a difference, injured players receive medical scholarships, retaining their aid (and possibly doing some other work with the team or in the department, but they retain their grant in aid. This guy walked away, there is a difference.



You are right. Good clarification. I misread the article.
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OhioStunter
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/18/2016 10:42:55 AM 
OhioStunter wrote:
Recovering Journalist wrote:
OhioStunter wrote:

1. How did they arrive at a $712,000 settlement? That seems rather excessive.



Would you take permanent brain damage in exchange for $712,000?

Whether this particular claim was valid or not is kind of beside the greater point. All schools and programs are vulnerable to this kind of liability because all football teams have players who regularly suffer concussions. Following protocols ameliorates the health and legal risks but does not eliminate them.


It's easy to bundle a lot of issues into one response, so I will try to break this down:

Permanent Brain Damage or $712,000?
I don't know how you can put a monetary value on health, or life. Typically judgments are awarded based on lost wages, estimated damages, etc. This seems to be for "pain and suffering."

But I'm not sure what the official definition of permanent brain damage is. From the report: "He continues to suffer from depression, migraine headaches, anxiety and difficulty sleeping, according to his lawsuit." If that is the definition, I would venture that a good amount of former players may experience the same thing. Do they all have permanent brain damage? Are they entitled to a settlement?

Liability:
You are absolutely right. Even signing a waiver doesn't protect the school. If more claims/settlements occur, this is another sign of the end of college football as we know it. If a player doesn't know his own name, and other players, coaches and trainers don't see that and still put him on the field, that's a problem. I'd like to believe that if someone HAD seen that, they would not have put him further in harm's way.

Unionization:
This is the tangible result of what a core of the unionization issue was about -- health of athletes. He was injured and ultimately had his scholarship taken away because of it. The unionization proposal would have stopped that practice and maybe would have prevented a lawsuit.

The Future:
How easy is this to repeat for other athletes? Get banged up, continue to play, then file a lawsuit alleging the school didn't take proper care of them? (valid claims or not)





http://www.nytimes.com/2016/05/18/sports/ncaafootball/six...



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Recovering Journalist
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/18/2016 12:01:20 PM 
OhioStunter wrote:

http://www.nytimes.com/2016/05/18/sports/ncaafootball/six...





Yup. This is pretty much why I started this tread. I think there's a wave coming, and it could possibly wash away college football as we know it.
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Obc2
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/19/2016 8:04:56 PM 
Football should see decline in partipation in future years. Especially in suburbs. I know many parents, like me, who have seconds thoughts allowing current teens to play the game. That's gonna increase moving forward.

My boy will be Jr next year. He loves the game and practices. He's done after first concussion. But, he's not D1 talent level. Maybe D3. If he was a big recruit I'd have to weigh risk vs scholarship (no post grad debt load).

His cousins are graduating Yale this week. Barely saw field as OT. Both have physical issues. But...got 100k+ jobs on Wall St.

For their brains, not braun.
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bobcatsquared
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/20/2016 5:56:03 AM 
Obc2 wrote:
For their brains, not braun.


Ben Braun?
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Monroe Slavin
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/22/2016 1:52:10 PM 
bobcatsquared wrote:
Obc2 wrote:
For their brains, not braun.


Ben Braun?




We all got dumber.


Where's the band?!
WHERE"S THE BAND?!


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Alan Swank
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  Message Not Read  RE: Bowling Green settles lawsuit
   Posted: 5/22/2016 4:20:24 PM 
Obc2 wrote:
Football should see decline in partipation in future years. Especially in suburbs. I know many parents, like me, who have seconds thoughts allowing current teens to play the game. That's gonna increase moving forward.

My boy will be Jr next year. He loves the game and practices. He's done after first concussion. But, he's not D1 talent level. Maybe D3. If he was a big recruit I'd have to weigh risk vs scholarship (no post grad debt load).

His cousins are graduating Yale this week. Barely saw field as OT. Both have physical issues. But...got 100k+ jobs on Wall St.

For their brains, not braun.


Graduating from Yale.

http://www.quickanddirtytips.com/education/grammar/gradua...

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