Focus of University of Illinois Concussion Lawsuit Is Whether Defendants Followed Protocol

Jul 24, 2015

A former soccer player at the University of Illinois has sued the school as well as several individual defendants, claiming they were negligent in the handling of the concussions she suffered, which led to “injuries of a severe and permanent nature.”
 
Plaintiff Casey Conine claimed in a lawsuit filed last month in Champaign County Circuit Court said she was mistakenly cleared to play in the fall of 2014, even though she had suffered three concussions in two years at Illinois.
 
Conine’s attorney, Chicago-based Joseph Siprut, has been quoted in the media as saying “our theory of the case has a lot to do with the University of Illinois not following its own concussion protocol, and particularly not having a doctor involved in clearing her.”
 
In addition to the university, the complaint names Athletic Director Mike Thomas, soccer coach Janet Rayfield, sports medicine director Paul Schmidt, and athletic trainer Brittany Scott as defendants.
 
By way of background, Conine allegedly suffered two concussions that were diagnosed by team doctors in 2013. Then on October 5, 2014, in a game against Northwestern, she suffered another concussion when she collided with the opposing team’s keeper, according to the complaint. ”She immediately collapsed to the ground and struggled to get up,” the lawsuit reads.
 
Illinois’ concussion protocol requires a team doctor to clear the player to return to play. However, that allegedly never happened, and Conine was cleared to play in two more games that month. She left the field after a game against the University of Maryland, on October 19, feeling nauseous. In the aftermath of that game, she suffered headaches and sensitivity to light. Ultimately, the team decided that the plaintiff should not play again.
 
Following Concussion Protocol Is Key
 
This is not the first time a college has been sued by a former soccer player.
 
In 2014, Neil Henley, a student athlete at Xavier University, sued the school, claiming that after being diagnosed with a concussion in 2013, he was allowed to return to play too soon and suffered another, debilitating, concussion.
 
Henley claimed that “an unsupervised student trainer” mistakenly cleared him for a return to soccer. He further alleged that Head Soccer Coach Andy Fleming “knew or should have known that the plaintiff had not undergone a followup impact test or physician evaluation before being allowed to return to the soccer field.”
 
On March 28, 2013, the plaintiff was participating in a scrimmage against Bowling Green State University when he headed a ball. He was then knocked to the ground by an opposing player, causing a concussion. Henley claimed this resulted in the debilitating condition known as “second impact syndrome.”
 
Nevertheless, Fleming allegedly met with the plaintiff on March 27 and “required him to sign a document on April 12, which “described what (Fleming) believed to be academic and performance issues.” The plaintiff claimed this was an attempt to “cover up” the decision to allow Henley to return too soon.
 
On June 14, the university allegedly revoked the plaintiff’s scholarship, citing “performance issues.” The plaintiff claimed the performance issues arose from the concussion-related events of the previous six months.
 
The plaintiff claimed that as a result of the second concussion, he sustained serious cognitive and physical limitations, which impaired his ability to continue to play soccer. More importantly, the second concussion impacted the plaintiff’s ability to perform usual daily activities and stay focused on his academics.”


 

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