The Illinois High School Association (IHSA) has responded to a class action lawsuit, brought against it by former student athletes who suffered concussions during their playing days, with a motion to dismiss.
The lawsuit was originally filed in November and subsequently amended this spring, with the addition of a new plaintiff, Alex Pierscionek. A 2014 graduate of South Elgin High School, Pierscionek claimed that after suffering a concussion in practice in 2012 he began a long spiral down, where his grades slipped and behavior was abnormal. Pierscionek contends that the IHSA propagated “flawed and deficient concussion protocols that leave players unprotected during practice.” It also charged the association with failing to implement baseline testing, or make educational materials available.
As a remedy, the plaintiffs are asking that “schools provide doctors at every practice and game.”
The IHSA argued in its motion filed in Cook County Circuit Court that the plaintiffs’ claims are subject to the Assumption of Risk Doctrine. The association further contends that it has been proactive about addressing concussions.
It further noted that, if successful, the plaintiffs’ claims could doom high school football in Illinois, especially since the IHSA does not have deep pockets, like the NFL, NHL and NCAA, which are also being sued in others cases.
The plaintiffs are asking that “far-reaching, long-term programs be imposed on a non-profit association with effectively no net revenues, certainly nothing even in the same universe as the colossal scale of the NFL,” according to the association.
Proviso West athletic director and assistant principal Calvin Davis told the Chicago Sun-Times that having a doctor at every practice or game would be “an astronomical cost to the schools. … It would be very difficult for schools to afford that.”
