Claim Brought by Canadian Skier Highlights Second-Concussion Syndrome

Jan 22, 2016

A three-time Canadian Olympian sued the Canadian Freestyle Ski Association (CFSA) and the doctor that cleared her, claiming the defendants were negligent when they allowed her to participate in a December 2013 training camp.
 
Plaintiff Veronika Bauer, who won the 2001 world title and participated in the Olympic Games in 2002, 2006 and 2010, filed her claim in the Supreme Court of British Columbia (B.C.).
 
Skiers in Bauer’s sport hit jumps at speeds of up to 60 km/h and launch themselves roughly 20 meters in the air, where they perform somersaults and full-body twists before landing on a steep hill.
 
Bauer, represented by attorney Alex Sayn-Wittgenstein, alleged in her complaint that she suffered a concussion in 2009 and was sidelined with post-concussion symptoms for almost a year leading up to the 2010 Vancouver Olympics.
 
“I just felt spaced out,” Bauer told the media in January 2010. “I was just incapable of doing simple chores. I just sat around bored on the couch. I just couldn’t do the things that keep you alive. I pretty much had a headache the entire time,” said Bauer.
 
Bauer then suffered another concussion in 2012 at Apex Mountain near Penticton, B.C. The next year, she allegedly received medical clearance from Dr. Jeffery Purkis and the CFSA to return to action at a training camp. She allegedly experienced another concussion. As a result, Bauer claimed that she suffers “severe and continuing concussion symptoms.”
 
According to the complaint, “the plaintiff remains unable to work as a consequence of her injuries and her ability to fully function in day to day life has been impaired.”
 
Bauer alleged that she should never have been cleared to participate in the training camp and that Purkis failed to give her a proper assessment. The plaintiff noted, unbeknownst to her, that another doctor recommended to the CFSA that she should be prevented from participating in the 2013 training camp.
 
Bauer is seeking damages for pain, suffering, permanent disability, loss of income earning capacity and loss of housekeeping capacity. In addition, she is seeking legal costs and compensation for family members who have provided services for her due to her injuries.
 
The CFSA released the following statement in response to the lawsuit:
 
“In consultation with our legal team, we are currently reviewing this claim. Once we have gathered all the facts and the required information, we will determine next steps. The CFSA addresses any claims in a serious and timely matter. The health of our past and current athletes has always been, and will continue to be, our utmost priority.”


 

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