(Editor’s Note: This article appeared in the September issue of Concussion Litigation Reporter which features in each issue at least one practitioner active in the sports law field with regard to health-related issues. We didn’t have to look very far for this month’s subject—Eugene Egdorf. An attorney with The Lanier Law Firm in Houston, Egdorf has been a driving force when it comes to holding those charged with taking care of student athletes responsible if their actions cross the line into negligence.)
Question: How does your firm’s practice interface with concussion litigation?
Answer: In recent years, we have seen an alarming increase in preventable severe injuries and even deaths in athletics. The Lanier Law Firm has always taken the view that litigation isn’t just about dollars and cents, but a vehicle to change our world for the better. It was in that spirit that we created our Sports Law Practice a few years ago. In our very first case we were successful in changing NCAA Policy regarding testing athletes for sickle cell trait – a change that has unquestionably saved lives. There had been at least 20 SCT deaths prior to mandatory testing – and none since. Concussions likewise have been and are increasingly becoming a killer of football players. We need better regulations, equipment, and education – none of which seems likely without litigation. It’s our hope that we can again be an instigator for much needed change.
Q: Has the litigation around sports concussions peaked, or do you believe we’ll see more such activity in the future? Why?
A: There is no question that the concussion problem is just beginning, in both volume and severity. Literally thousands and thousands of players at all levels who will one day suffer devastating health problems are currently symptom-free. As the years have progressed players have only gotten bigger, stronger and faster – and the hits exponentially more violent. Yet the most critical piece of equipment to prevent concussions – the helmet – remains virtually unchanged over the last twenty years or more. It’s a recipe for disaster.
Q: Is there anything unique about concussion litigation that differentiates it from other health-related liability cases?
A: From a plaintiff standpoint, the delay in onset of symptoms and their severity is certainly unique. But I see the real major difference is that unlike most healthcare cases that involve care for the sick, or need drugs or medical devices, these cases involve the healthiest and fittest of all men. These are the heroes we grew up with, and we now see them at their weakest and most vulnerable.
Legally, these cases are far more complicated than a typical healthcare dispute. As for the NFL players, there are so many hurdles and arguments to defeat. For example, the NFL will argue that these claims are subject to Collective Bargaining Agreements, which provide little to no remedy to the players. And of course the injuries occurred in the workplace of these men which brings into play Labor law and state Worker’s Compensation laws – again not plaintiff-friendly. And as always, the NFL and Riddell will argue the science.
Q: What are you or your firm best prepared to assist a client in overseeing a sports concussion case?
A: Our firm’s history – whether it’s with Big Pharma, the NCAA, Hospital Purchasing, or in many other industries – is to take them head on and not only win, but compel change. The NFL, NCAA and Riddell will only be forced to accept responsibility and make the necessary changes when faced with the prospect of a litigation and potential trial with lawyers they know they cannot intimidate, nor outspend, outwork, or outsmart. Mark and I have the track record and the passion necessary to take this task on.
