PDH Files NCAA Concussion Case

Pittman, Dutton & Hellums attorney Chris Hellums, along with Columbia, South Carolina attorney John Nichols, filed a class action lawsuit against the NCAA last week. The lawsuit claims that the NCAA was negligent in protecting its football players from the dangers of head trauma and brain damage from concussions. The lawsuit seeks medical monitoring and damages.

The named Plaintiff in the lawsuit is Stanley Doughty. Stanley’s story is compelling. A native of Amite, Louisiana, Stanley was recruited to play football at the University of South Carolina and did so for three years. Unfortunately for Stanley, he experienced repeated head impacts which affect him today. He decided to forego his senior year at South Carolina and signed as an undrafted free agent with the Kansas City Chiefs.

Before he could even begin training camp, the Chiefs’ doctors told Stanley that they would not medically clear him to play on account of injuries he sustained while playing football in college and that he would need surgery. Thereafter, Stanley was released by the Chiefs, and has still not received his needed surgery.

Meghan Walsh, writing for The Atlantic magazine, published an excellent story on May 1, 2013, chronicling Stanley’s life. That story can be found at this link: http://www.theatlantic.com/entertainment/archive/2013/05/i-trusted-em-when-ncaa-schools-abandon-their-injured-athletes/275407/

There are a number of class action lawsuits filed throughout the country against the NCAA on behalf of former student athletes with similar stories to Stanley’s. There are sharp differences between these lawsuits but the main allegations are common: the NCAA possessed information about the severity of concussions, ignored the information, and took no affirmative action to protect the very people they are charged to protect.

The Doughty case has received significant press. Various news outlets in South Carolina and across the country have been following the story. Click on the links below to read these stories.

http://www.wltx.com/news/national/article/253928/2/Former-Gamecock-Files-Concussion-Suit-Against-NCAA

http://www.al.com/sports/index.ssf/2013/10/ex-south_carolina_football_pla.html

http://www.postandcourier.com/article/20131023/PC20/131029727

Below is the complaint, in PDF format, filed on behalf of Stanley Doughty and others similarly situated:

https://drive.google.com/file/d/0B6r88NEsiI1ca1ZzOGo2THNhbHc/edit?usp=sharing

NCAA Loses Another Battle in O'Bannon Case

U.S. District Judge Claudia Wilken denied the NCAA's request to dismiss the Ed O'Bannon antitrust lawsuit and concluded that a 1984 U.S. Supreme Court ruling used by the NCAA to preserve amateurism is inapplicable.

 

Judge Wilken found that none of the NCAA's arguments for dismissal provides grounds for dismissing the claims "at this stage." Wilken has not ruled as of yet on the class certification issue which was argued before her this summer. The NCAA has previously said it will fight all the way to the Supreme Court.

 

John Solomon, of the The Birmingham News-al.com, who has covered the O'Bannon case extremely well, posted an article on the ruling late last week. Included in the article is the opinion. Click on the link below for the post.

 

http://www.al.com/sports/index.ssf/2013/10/judge_denies_ncaas_motion_to_d.html

FRIDAY DEADLINE TO FILE CLAIMS FOR CHINESE DRYWALL SETTLEMENT

This Friday, October 25th, is the deadline to file claim forms for the Chinese Drywall settlement. The settlement is being administered through the MDL out of New Orleans. If you have not filed a claim by Friday, you will be barred from participation in the settlement.