A former high school cheerleader, who suffered a concussion almost three years ago after she reportedly fell 20 feet and suffered a concussion during a cheerleading practice, has sued her coach and the school district in a negligence lawsuit.
Olivia Doyer of Mechanic Falls, Maine was practicing with her teammates at Poland Regional High School, preparing for the New England Cheerleading Competition. Roxanne Doyer, her mother, described what happened next in a public hearing to consider a concussion bill called LD 98 currently being considered: “The coaches decided to continue with practice (even though it was exam week). Olivia was launched through the air during a (basket toss) routine. She fell some 20 feet and landed on her head and neck. No 911 call was made. No call to the athletic director, or the athletic trainer, was made. No call to her parents.” Instead, Olivia was helped up by the coaches, brought to a bench and given her water bottle, while practice continued on.
When Doyer picked her daughter up, she was in severe pain, with her condition deteriorating, according to the mother. At the hospital, doctors diagnosed a cervical sprain and severe concussion. Olivia Doyer missed three months of school, still suffers from post-concussion syndrome and has had to give up cheerleading for good, said the mother.
In June 2010, she notified the school district that she might file a lawsuit.
Following through on that intent, she sued the district and her coach, Kathleen Hebert, in Androscoggin County Superior Court. She claimed among other things that her coach:
Failed to properly supervise the cheering practice;
Failed to discontinue the practice after Doyer’s injury;
Failed to observe Doyer’s injury and failed to quickly provide medical attention for her;
Violated various industry rules, codes and standards: and
Failed to perform other duties imposed on her under Maine law.
Because of these alleged failures and the injury, Doyer claims she suffers post-concussion syndrome. She alleged that she can’t turn her head without getting dizzy and is bothered by bright light. Not surprisingly, her academics have suffered. Finally, she alleges that her medical care is ongoing and that her parents anticipate future medical expenses related to her injuries.
Meanwhile, her case is helping to make LD 98 a reality. If it becomes law, it would require the state’s education commissioner, Steve Bowen, to convene a working group to advise him on the prevention, diagnosis and treatment of head injuries in student athletes. The next step would be to create a policy on the management of concussions, which all Maine schools would be required to follow.
The bill would require that a student suspected of sustaining a concussion be removed from a practice or game immediately and not be allowed to return until they have been evaluated for a brain injury and received written permission from a neurologist or athletic trainer.
