Another Ugly Side of High School Concussions
On top of the obvious ill-effects of traumatic brain injuries, we can add class-action lawsuits to the list. The Illinois High School Association is facing a lawsuit of their own, one also involving concussions, and a legal suit they’ve been involved in since November of last year. The suit against a high school organization is the first of its kind, as previously only collegiate and professional football have been faced with legal action. Where the National Football League will soon be forced to pay hundreds of millions of dollars to former players due to long-term concussion effects, not every governing body or football organization is capable of doing so.
Via the Chicago Tribune, word broke the IHSA filed their first response to the lawsuit, hoping the suit will be dismissed, calling it “a misguided effort that threatens high school football.” The lawsuit does not seek any monetary compensation to previous victims, but rather one to force better prevention and immediate medical care for both games and practices. The closest thing money chasing in the suit is the plaintiff including a provision within the suit for the IHSA to pay for medical testing of previous high school football players going to back to 2002. The suit doesn’t make demands such as the Mayo Clinic recommended CT scan, just to take action in both prevention and treatment. Even if it something as basic as the NFL’s sideline Baseline Test, action is clearly required.
Centered around the IHSA’s desire to see the suit thrown out is the cost of the medical staff and testing. IHSA Director Marty Hickman believes the cost would hurt the less-well off schools in the state, and was quoted saying the sport would turn into “haves and have nots.” Another argument on behalf of the IHSA is in their words within the response “would be unwieldy.” The response goes to to say “If a high school … fails to have a court-ordered medical professional at a football practice, how will such a violation of the Court’s injunction be remedied? Sanction the IHSA? The local school board? The principal? The athletic director? The coaches? All of the above?”
Perhaps no argument is lazier than the “slippery slope” that the IHSA is bringing to the table. The good news is they aren’t claiming or feigning ignorance on the matter of concussions, just crying poor. While showing any semblance of favoritism towards a particular sport isn’t ideal either — someone can get a concussion on the track, the volleyball court, etc. — this suit is particular in its desire to see better attention in the football realm. The IHSA reports having an annual budget of $10 million for over 40 sports and activities across all levels of high schools and claim court mandated would essentially break the bank. For an organization with a television broadcast deal with Comcast/CSN Chicago, the lack of available funds seems to be a weak defense. If the money truly isn’t available for additional medical staff or improved helmets, perhaps a better mouth guard, one already partnered with multiple collegiate teams, is the first step in the right direction. The first hearing is set for 10 days from now.
(Header image via IHSA)
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So basically the IHSA is saying it’s better for more kids to be playing at a higher risk of injury than less kids to be playing at a decreased risk? Makes perfect sense.
It’s gone from sad to ridiculous and back to sad.
I am glad to see concussions at the high school level being taken seriously. Given the vast number of high school players and the inferior equipment, the high school level may be the most dangerous level of football when it comes to total number of concussions. I never played past high school, but experienced at least three football-caused concussions. I doubt I am unique in this regard.
Honestly, it would not surprise if football went the way of boxing in the next few decades. That is, I expect it more and more to become a specialized club sport considered much too dangerous for youth teams to possibly insure.
Mentioning a CT scan and better mouth guards qualifies this as a TechGraphs story?
In most states, public high schools can’t be sued, or not for much. Suing an organization like ILSA seems a weak approach to meaningful change. I’m guessing the vulnerable point is team physicians; if schools can’t find an MD willing to work with them, parents will increasingly turn away.