Preventable Brain Injuries in Youth Sports

The publicity surrounding the NFL concussion litigation has made the public more aware of traumatic brain injuries like concussions and chronic traumatic encephalopathy (CTE). It has also exposed the failures of many organizations, especially high schools and groups that supervise young athletes, to appreciate these injuries and to take measures to protect their players. While laws have been passed all over the country to help prevent traumatic brain injuries, many high schools are failing to follow them or do not realize they are required to follow them. Sadly, because the coaches and schools have dropped the ball, our young athletes suffer thousands of traumatic brain injuries every year.

At the Law Office of Alvin f. de Levie, we have years of experience handling cases involving traumatic brain injuries. Given the popularity of high school and other youth sports throughout Pennsylvania, we feel it is important for parents and loved ones to know the law that schools and coaches are required to follow so they can be held accountable for preventable brain injuries.

What Is Being Done To Protect Young Athletes From Traumatic Brain Injuries?

According to the Centers for Disease Control, at least half of all youth sports injuries are preventable. The CDC has several common-sense recommendations to help protect young athletes from traumatic brain injuries:

Enforcing the Rules for Fair and Safe Play: Weak enforcement of rules against aggressive and illegal behavior can lead to brain injuries that would not have otherwise occurred. If the rules are not enforced, other athletes may feel they can get away with things like striking other players in the head, using their helmets to strike other players, tackling unprotected opponents or even purposely trying to cause injury to other players. Coaches and other staff must strictly enforce the rules of the game and create a team culture that does not allow for such violations.

Encourage Reporting of Concussions and Other Head Injuries: There are many reasons a player will not want to report a concussion or other head injury. They may be afraid of looking weak in front of other players, losing the respect of their coach, or losing their spot on the team during a game. The CDC recommends coaches and other staff talk to their players to relate how important it is to report head injuries and make players feel comfortable that their reputations and careers will not suffer if they tell someone they’ve been hurt.

Create a Concussion Action Plan: Even if players are comfortable reporting a concussion, the CDC recommends having a plan in place to make sure reported concussions are handled quickly and properly. The CDC says coaches should remove injured athletes from the game and keep them out until they are cleared to return by a medical professional. The CDC also recommends keeping a record of when and how the injury occurred and promptly sharing this information with parents and healthcare providers.

In addition to the recommendations of organizations like the CDC, all 50 states have “youth concussion laws” which require schools and coaches to follow guidelines that are very similar to the CDC’s recommendations. Pennsylvania’s “youth concussion law,” The Safety in Youth Sports Act, requires schools and coaches to prevent head injuries by:

-Holding informational meetings prior to the start of each athletic season to educate students and their parents about concussions and other head injuries

-Removing students who show signs or symptoms of concussion from play

-Making sure students who have shown signs or symptoms of a concussion have been evaluated by a medical professional and cleared to return in writing

-Making sure coaches complete annual concussion management certification training offered by the CDC, the National Federation of State High School Associations or another provider approved by the Pennsylvania Department of Health.

Pennsylvania’s youth concussion law also provides for penalties when coaches violate the law. For the first violation, a coach can be suspended for the remainder of a season. A second violation can result in suspension for the remainder of the season and the next season. A third violation can result in permanent suspension from coaching any athletic activity.

What are the Symptoms of a Concussion or Other Traumatic Brain Injury?

In order to make sure schools and coaches are following the law, it is important for parents, loved ones and players to recognize the symptoms of a concussion or other traumatic brain injury. According to the Penn State Milton S. Hershey Medical Center, the symptoms of a mild concussion include:

-Headache;

-Loss of consciousness;

-Feeling or acting confused

-Nausea and vomiting;

-Memory loss; and

-Seeing flashing lights

The Hershey Medical Center also notes symptoms of severe head injuries that should be addressed immediately by a medical professional, including:

-Confusion that will not go away;

-Unusual eye movements;

-Muscle weakness on one or both sides of the body;

-Repeated vomiting;

-Balance problems; and

-Seizures

If a young athlete suffers symptoms like those mentioned above, the law requires that the player be removed from the game and cleared by a medical professional before he or she is allowed to return to play.

What Do I Do If My Child Has Suffered A Preventable Brain Injury?

Despite the recommendations of the CDC and Pennsylvania’s “youth concussion law,” many schools and coaches continue to stick to old behaviors and attitudes, believing their players should be tougher or that getting hurt is just part of the game. Failing to remove young athletes from play after exhibiting symptoms of a concussion is a violation of the law and violation of the school’s duty to keep your child safe from harm.

If your child suffers a preventable brain injury while playing on a school sports league, you need to contact an experienced attorney immediately. DO NOT DELAY. Because the school is most likely an extension of the local government under the law, lawsuits against the coach and school may involve time-sensitive notice requirements and other formalities. Failure to give proper notice may result in your claim being dismissed outright.

You also need an attorney that is familiar with the intricacies of traumatic brain injury cases. Due to the difficulties often involved in diagnosing and proving the severity of a brain injury, your claim will be made much stronger with appropriate medical testimony, given by neurologists and other doctors familiar with symptoms of concussions and other trauma-related conditions. You may also need to obtain experts in high school sports and coaching to show how the coach or school failed to follow the appropriate laws and guidelines and how those failures caused your child’s injury.

At the Law Office of Alvin F. de Levie, Esq., we have years of experience handling cases for those who have suffered brain injuries throughout the Commonwealth. We have handled cases from Philadelphia and the surrounding counties to Allegheny County, including Blair County, Centre County,

Lycoming County, Montour County, Mifflin County, Cambria County, Cumberland County and Dauphin County. We also have a team of elite lawyers and experts with the knowledge, resources and experience to take your case all the way to trial if necessary. If you or a loved one has suffered a concussion or other traumatic brain injury while playing a sport, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529 (Toll-Free) for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia, State College, Bellefonte and Lock Haven, and we are willing to meet any clients throughout the Commonwealth.