Damon Janes’ Parents File Lawsuit against School Districts and Many Others

Nov 28, 2014

If there was an award for concussion reporting, Matthew Spina of The Buffalo News might receive it for 2014.
 
Earlier this month, the staff reporter announced the findings of the News’ month-long investigation into the 2013 death of high school football player Damon Janes, whose parents sued the Westfield, Brocton, and Portville school districts and many, many others in early November for failing to adequately protect their son after he allegedly suffered multiple concussions.
 
Specifically, they claimed the school districts failed to employ adequate safety measures to prevent their son’s death, such as failing to have personnel on site who could identify concussions; failing to provide pre-concussion baseline testing for players; and failing to provide proper protective equipment.
 
Interestingly, they also named the New York Public High School Athletic Association (NYPHSAA) as a defendant, claiming that it was responsible for their son having to play against bigger players. The association categorizes schools based on enrollment, not size or number of players.
 
Spina and the Buffalo News “examined a swath of school records and talked to three neurological experts who want more protections for student athletes. When the school districts blocked interview requests and refused to release their game films of the opener against
 
Randolph and the fateful game against Portville, The News obtained the films elsewhere.”
 
The News offered the following analysis:
 
“A neurologist, a neurosurgeon and a youth football coach who viewed the game films at The News’ request say Westfield/Brocton players might have been at greater risk because they were sorely outmatched in size and performance. While the three saw no ‘helmet-to-helmet’ hit on Janes’ final play — as the tackle was widely described — they saw many collisions over the two games that likely rattled Janes’ brain and worsened an initial injury.
 
“The emergency response at Portville High School in Cattaraugus County was chaotic and slow. An ambulance crew at the field refused at first to drive onto the gridiron because it had not been done before, said Damon’s father, Dean Janes. Roughly four and a half vital hours ticked by before Damon reached a pediatric trauma center, Women & Children’s Hospital in Buffalo. That’s where he died three days later, on Sept. 16, 2013.
 
“Westfield/Brocton had no athletic trainer. The team had coaches to watch plays but no trainer assigned to watch only the players to protect their health. Brain experts who focus on sports injuries urge schools to place a health care professional on the sideline to examine players for concussions that might not seem obvious. The State Education Department sees value in certified athletic trainers as well. But hundreds of New York high schools go without them.
 
“Westfield/Brocton did not use baseline tests for its football players. The tests — also suggested but not required in New York — measure an athlete’s brain function in the preseason to set a baseline that can be compared with scores registered after a suspected concussion. The comparison can help determine whether a player in any contact sport should leave the field and whether they might return to play at a later date.”
 
For the full story, visit: http://www.buffalonews.com/city-region/why-did-damon-janes-lose-his-life-to-a-game-he-loved-20141115
 
The plaintiffs are represented by Dale Robbins with Burgett & Robbins in Jamestown, N.Y.


 

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