the first class-action concussion lawsuit involving high schools<\/span><\/a> was filed against the NCAA and the National Federation of State High School Associations.<\/p>\r\nWells said in the suit that she now suffers from migraine headaches and is sensitive to changes in light and sound. She is seeking compensatory and punitive damages.<\/p>\r\n
The suit cites many past studies linking head injuries to potentially long term brain damage that Wells says the NCAA knew. For example, she claims the NCAA knew of a 2005 University of North Carolina study that “found a clear link between previous head injuries and the likelihood of developing mild cognitive impairment and early-onset Alzheimer’s,” yet the NCAA did not “act on it or alert its student-athletes of these known risks.”<\/p>\r\n
The NCAA’s response: “The NCAA states that the 2005 UNC-Chapel Hill study titled ‘Association Between Recurrent Concussion and Late-Life Cognitive Impairment in Retired Professional Football Players’ speaks for itself, and to the extent the allegations in Paragraph 62 vary therewith, the NCAA denies those allegations. The NCAA denies any and all remaining allegations in paragraph 62.”<\/p>\r\n
Wells argues that the NCAA’s Health and Safety Group developed a one-page concussion fact sheet for college athletes in 2010 that provided no warning about immediate or long-term consequences of concussions.<\/p>\r\n
The NCAA’s response: “The NCAA states that the 2010 Concussion Fact Sheet speaks for itself, and to the extent the allegations in paragraph 69 vary therewith, the NCAA denies those allegations. The NCAA denies any and all remaining allegations in paragraph 69.”<\/p>\r\n
Wells attacks the NCAA’s concussion management policy in which schools are required to have a plan, but it’s not enforced by the NCAA. The NCAA denied that its concussion management plan legislation from 2010 is “toothless.”<\/p>\r\n
Wells claims the NCAA plan “puts the onus of concussion management on the student-athletes by requiring that they sign a statement in which they accept the responsibility for reporting their injuries and illness to the institutional medical staff, including signs and symptoms of concussions.”<\/p>\r\n
The NCAA’s response: “The NCAA states that the (concussion management plan) speaks for itself, and to the extent the allegations in paragraph 71 vary therewith, the NCAA denies those allegations. The NCAA denies the remaining allegations of paragraph 71 of the complaint and demands strict proof thereof.”<\/p>\r\n
By Jon Solomon | jsolomon@al.com <\/strong><\/span> AL.com on January 09, 2014 at 1:53 PM<\/p>\r\n\r\n\r\n\r\n<\/span>\r\n\r\n\r\n\r\n\r\n