TRIAL NEWS: NCAA Settles Traumatic Brain Injury/Death Claim

Traumatic Brain Injury in College Football Player

NCAA resolved a football related TBI injury. This is the first known NCAA settlement for a player death. 

Derek Sheely, a senior fullback, at Frostburg State University died from brain trauma at a football practice.  Allegations included whether Derek was provided basic medical assistance, oversight and care that ultimately resulted in his death.  A primary argument was whether the NCAA had a duty to protect players from a known risk of harm in playing contact sports, like football.

Dan Chamberlain, an Indianapolis attorney who handles TBI cases, agreed that “recurrent, repetitive brain trauma” has been a hidden risk in contact sports and that “awareness of the incidence and risk of TBI in play is at the forefront of sports. In response to the Sheely case, as well as the NCAA class action, new programs and training have been created for student-athletes to help mitigate the risk of TBI in practice and play. The ultimate goal should be a ‘return to learn’ for players with a brain injury, not the quickest route to return to play.”  

The settlement is an important step forward and puts the NCAA on notice about its obligations to protect its players, Romanucci said, but more needs to be done. “To institute meaningful change that will save lives and prevent permanent cognitive injuries, increased training and changing the culture of playing while hurt must happen. As coaches, educators, and student-athletes learn more about the deadly consequences of traumatic brain injuries, the culture will change, albeit slowly,” he said. 

 Chamberlain agreed that there is a call to action to safeguard athletes, including the need for “comprehensive baseline screening, testing, detailed neuropsychological examinations, electronic impact monitors, and sanctions against any athletic program that sacrifices player safety over profit.” 

Dan is former Chair of the Brain Injury Association of America.  www.usLAWS.com