Many former student athletes are just now receiving a “legal notice” about a proposed class action settlement in a case called “In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation” (Case No. 1:13-cv-09116). The notice explains that because the recipient is a “current or former student-athlete who played an NCAA-sanctioned sport,” his or her legal rights may be affected. If you haven’t seen it yet, you can find a copy of the notice here.
The notice concerns a settlement through which former NCAA athletes may be entitled to receive a free medical evaluation. As a member of the medical monitoring settlement class, all former NCAA athletes have the right to participate in the settlement, object to it, or request exclusion. Former football players and other NCAA athletes with lasting consequences resulting from collegiate playing time may qualify for important medical monitoring benefits under this settlement.
It’s important to understand you can participate in the medical monitoring class action settlement AND pursue a personal injury case with our firm. The class action settlement does NOT settle or impact any personal injury case you may have against the NCAA and others, provided any personal injury case you file is either done individually, or as part of a class action involving a single sport and single school.
Our firm, Raizner Slania, represents former student athletes currently experiencing symptoms and consequences caused by previous concussions sustained during practice or play, and we are pursuing these claims against NCAA and others. The class action settlement only provides “medical monitoring,” or the right to receive a medical evaluation, for former players who may or may not be having symptoms from their concussions.
We represent hundreds of former student athletes whose lives were forever changed due to serious concussions sustained during their time playing college football. We have filed dozens of lawsuits asserting personal injury claims for our clients across the country, and these claims have been consolidated into a multi-district litigation in Chicago. This personal injury litigation against the NCAA, certain conferences, and schools is proceeding without delay, and is not impacted by the class action settlement for medical monitoring.
Class action settlements can be confusing. We are happy to talk with you about your options under the settlement or answer any other questions you might have. At this point, it is important to understand the medical monitoring settlement does not affect your personal injury claims. If you have any questions or want a free evaluation to determine whether you qualify for a personal injury claim against the NCAA and others, contact us today.Close
Raizner Slania represents many clients in concussion-related lawsuits against the NCAA, universities, and athletic conferences. We represent former student athletes, primarily college football players, suffering from brain injury conditions including CTE, Parkinson’s, Alzheimer’s, and more.
Our clients allege universities, athletic conferences, and the NCAA ignored obvious dangers of concussions, failed to warn players of the risks, and encouraged players to continue to play even after they suffered from sports-related concussions. Earlier this year, a federal judge proposed a settlement in related litigation against the NCAA on behalf of all college athletes. While the court-approved settlement included new safety protocols, it did not compensate former players struggling with brain disorders. In contrast, when retired players sued the NFL, it reached an agreement worth hundreds of millions of dollars in payments to help those suffering from a list of neurological diseases.
Brain trauma can cause many symptoms in different individuals. Some players may develop and display symptoms from a few acute concussions that manifest differently in a player with only one documented concussion. There is no exact science to brain trauma. Below are conditions reported in players with brain trauma:
Dr. Cantu, of the Boston University Center for the Study of Traumatic Encephalopathy, has found evidence of CTE in 90 of 94 (96%) of autopsied brains of former NFL players. He has found CTE in 79% of all autopsied brains of former football players (who played at any level).
During the course of a college football season, athletes can receive more than 1,000 impacts greater than 10g’s (gravitational force) and, worse yet, the majority of football-related hits to the head exceed 20g’s.
Dr. Omalu of the Brain Injury Research Institute now believes that more than 90% of former NFL players suffer from CTE.
A: Yes. The pending class action settlement is limited to medical monitoring. It does not preclude an individual claim for personal injuries. It does not even preclude class action cases where claims are pursued on behalf of a group that played a single sport at a school. Because the settlement simply does not impact these types of injury claims, you do not need to opt out of the medical monitoring class settlement. Instead, if you wish to pursue a claim for your own injuries, either individually or as a representative of other former football players at your school, you can contact us for a free evaluation. Class action settlements can be confusing, and we understand the uncertainty they can produce. We are available to answer your questions, and if you qualify, to pursue a concussion injury claim on your behalf.
Q: How do I know if I have suffered a concussion?
A: A concussion is a traumatic brain injury that results from a blow to the head, disrupting brain function. The general symptoms of concussion can include headaches, neck pain, difficulty concentrating, slowed speech, getting easily confused, ringing in the ears, increased sensitivity to lights and sound, mood changes, changes in sleep, and more. It is best to take a bump on the head seriously and seek medical treatment in case your condition is more serious than you realize.
Q: Am I qualified to file a lawsuit?
A: A person will be potentially qualified to file an NCAA concussion lawsuit if:
Q: Are the NCAA lawsuits the same as the NFL concussion lawsuits?
A: The NFL concussion lawsuits resulted in an agreement between the NFL and a group of retired football players that included the payment of hundreds of millions of dollars for several neurological conditions. The previous NCAA class action only achieved new safety protocols but did not obtain any financial compensation for student-athletes. In these newly filed cases, the NCAA concussion plaintiffs are claiming that universities, conferences, and the NCAA were all negligent in handling head injuries, and so they are now seeking financial compensation for concussions sustained in their college athletic careers.
The NFL has agreed to pay $765 million to fund medical exams, concussion-related compensation, medical research for retired NFL players and has set up protocols for concussions and suspected concussions while slashing practice time, all to prevent head injuries. The NCAA’s silence now means collegiate players are taking more risks and likely suffering more injuries than their professional counterparts.
Q: Why should I hire Raizner Slania?
A: The experienced legal team of Raizner Slania lawyers has achieved significant results across the country in complex injury litigation. We believe in our clients and in our own track record of success, and so we handle all of our cases on a contingency fee basis – this means you will owe us nothing unless we win your case.
Our lawyers have the intellectual strength and our firm has the financial resources necessary to handle broad, complex litigation against large defendants like the NCAA and win – we have done it before against most major insurance carriers, large maritime employers, and pharmaceutical and medical device manufacturers.
Your family’s financial future may depend on how skilled your NCAA concussion lawyer is, and how hard he or she will work for you. The NCAA presents itself as a protector of student-athletes, yet the organization remains silent on the issue of player safety. We would be honored if you would let us help you hold the responsible parties accountable for causing your concussion-related injuries.
Have you or someone you love suffered from head injuries caused by sports-related concussions? Find out if you are qualified for a settlement today.