A former Texas Southern University (TSU) football player has sued the NCAA on his own behalf as well as all others similarly situated, seeking “to obtain redress for injuries sustained as a result of (the NCAA’s) reckless disregard for the health and safety of generations of TSU student-athletes.”
Plaintiff Lernard Mack alleged in his complaint that “up until 2010, the NCAA kept players and the public in the dark about an epidemic that was slowly killing college athletes” — concussions.
“Over time, the repetitive and violent impacts to players’ heads led to repeated concussions that severely increased their risks of long-term brain injuries, including memory loss, dementia, depression, Chronic Traumatic Encephalopathy (CTE), Parkinson’s disease, and other related symptoms,” he alleged. “Meaning, long after they played their last game, they are left with a series of neurological events that could slowly strangle their brains.
“For decades, the NCAA knew about the debilitating long-term dangers of concussions, concussion-related injuries, and sub-concussive injuries (traumatic brain injuries or TBIs) that resulted from playing college football, but recklessly disregarded this information to protect the very profitable business of ‘amateur’ college football.”
The plaintiff, who played football at TSU from 1997 to 2003 as a linebacker, continued, noting that “as a direct result of Defendant’s acts and omissions, the plaintiff and countless former TSU football players suffered brain and other neurocognitive injuries from playing NCAA football. As such, the plaintiff brings this Class Action Complaint in order to vindicate those players’ rights and hold the NCAA accountable.”
The plaintiff went on to site (cite not SITE) what he believes was evidence of the NCAA’s awareness of its role to “protect” student athletes, including provisions in its Constitution, such as “The Principle of Student-Athlete Well-Being,” which states that “intercollegiate athletics programs shall be conducted in a manner designed to protect and enhance the physical and educational well-being of student athletes.”
It (who is it?) also cited the Sports Medicine Handbook, which “includes the NCAA’s official policies and guidelines for the treatment and prevention of sports-related injuries, as well as return-to-play guidelines, and recognizes that ‘student-athletes rightfully assume that those who sponsor intercollegiate athletics have taken reasonable precautions to minimize the risk of injury from athletics participation.’
“The NCAA, therefore, holds itself out as both a proponent of and authority on the treatment and prevention of sports-related injuries upon which NCAA athletes (including Plaintiff Mack), TSU, and all other member institutions can rely for guidance on player-safety issues.
“Plaintiff Mack—and football players at TSU—relied upon the NCAA’s authority and guidance to protect his health and safety by treating and preventing head-related injuries, including the effects of those head injuries later on in his life.
“As compared to Plaintiff and other TSU football players, the NCAA was in a superior position to know of and mitigate the risks of sustaining concussions and other TBIs while playing football at TSU. It failed to do so.”
The plaintiff continued with a lengthy section in the complaint dedicated to “Decades Of Studies Firmly Establish The Dangers Of Football-Related Concussions.”
“Ultimately, while the NCAA knew of the harmful effects of TBIs (and other head injuries) on athletes for decades, it ignored these facts and failed to institute any meaningful methods of warning and/or protecting the athletes, including football players like Plaintiff Mack and other TSU student-athletes,” he claimed. “For the NCAA, the continued expansion and operation of college football was simply too profitable to put at risk.”
The plaintiff maintained the NCAA breached its duties to its student-athletes by ignoring the dangers of concussions and failing to implement adequate concussion management protocols.
During his career at TCU, Mack claimed he suffered from numerous concussions, as well as countless sub-concussive hits as part of routine practice and gameplay. At least through 2010, Mack claimed “there were no adequate concussion management protocols or policies in place to address and treat concussions sustained by student-athletes during practice and in games. For instance, when Plaintiff Mack and other TSU players experienced a significant head injury or concussion, they would quickly be returned to the field of play or only be taken out of play or practice for an inadequate period of time.
“… As a result, Plaintiff Mack now suffers from issues including, but not limited to, short-term memory loss, loss of impulse control, depression, emotional instability, speech and language impairment, and ADHD.”
Mack seeks to represent all individuals who participated in TSU’s football program between 1952 and 2010.
He made a case for the following claims: negligence, breach of express contract, and fraudulent concealment.
Mack is asking the court for the following relief:
Certify this case as a class action on behalf of the Class defined above, appoint Plaintiff as representative of the Class, and appoint his counsel as Class Counsel;
Declare that Defendant’s actions, as set out above, constitute negligence, breach of contract, and fraudulent concealment;
Award all economic, monetary, actual, consequential, compensatory, and punitive damages available at law and caused by Defendant’s conduct, including without limitation damages for past, present, and future medical expenses, other out of pocket expenses, lost time and interest, lost future earnings, and all other damages suffered, including any future damages likely to be incurred by Plaintiff and the Class;
Award Plaintiff and the Class reasonable litigation expenses and attorneys’ fees;
Award Plaintiff and the Class pre- and post-judgment interest, to the extent allowable;
Enter injunctive and/or declaratory relief as is necessary to protect the interests of Plaintiff and the Class; and
Award such other and further relief as equity and justice may require.
