The attorney representing former D.C. United soccer player Bryan Namoff in his lawsuit against the team and a number of individual defendants, in connection with a concussion he suffered, has told Sports Litigation Alert that he “cannot comment” on the litigation.
This lends credence to a Washington Post report that the sides have likely reached a settlement and are bound to secrecy, pursuant to a confidentiality agreement.
Namoff’s complaint, which was filed in D.C. Superior Court, alleged that D.C. United was “negligent in its management, care and treatment” of a concussion he suffered during a 2009 MLS match at RFK Stadium.
Namoff, who is represented by Steven A. Shapiro of Denver-based Fleishman & Shapiro P.C., claimed that he suffered brain damage and cognitive, memory and sensory loss. He also claimed at the time that he suffers permanent headaches and fatigue, sleep problems and hypersensitivity to motion. Namoff, along with his wife, sought $12 million ($10 million for medical negligence and $2 million for the impact on their marriage).
The incident occurred on September 9 when Namoff collided in mid-air with a Kansas City Wizards player, “causing a blow to plaintiff’s head just behind his right temple by the shoulder blade of the opponent,” according to the complaint. “There was a visible snapping of his neck violently back to the left. Namoff was able to get up on his own; however, (Dr. Christopher Annunziata and Commonwealth Orthopedics) never left the sidelines to examine Namoff. (The plaintiff) felt lost and out of it but finished the game.”
Allegedly, Namoff wasn’t treated. He remained in the match. Afterward, the plaintiff claimed he told team doctors that “he did not feel right,” and that “the lights were hazy, and that he had no peripheral vision.” Namoff continued to suffer headaches and fatigue for days, according to the complaint. He alleged that the coach, also a defendant, knew of his symptoms. But three days later, he inserted him into a match against Seattle, without follow-up exams or reassessments by team doctors.
“Namoff’s reaction to the game was slow; it was the worst game of his career,” according to the complaint. “Throughout the game, Namoff experienced and exhibited post-concussive symptoms, which were significantly exacerbated by the end of the game.
“ … As a direct and proximate cause of the defendant’s aforesaid negligence, Namoff has suffered serious permanent and disabling damage to his body including … permanent traumatic brain injury; permanent cognitive deficits and memory problems; permanent fatigue; permanent headaches; permanent vestibular problems; permanent visual motion hypersensitivity; and sleep problems; he has incurred … medical, hospital, rehabilitative, and pharmaceutical expenses in an effort to treat his injuries.”
The Post reported that a judge determined workers’ compensation laws barred Namoff’s claim against the team, coach and trainer.
Meanwhile, co-defendants Annunziata and his company, Commonwealth Orthopedics, warded off the claim by providing a detailed list of evidence that Namoff was not as sick as he claimed.
In an interview with the Post, attorneys for Annunziata and the medical group said no payment was ever offered or made. “Given our contention in the lawsuit that there was no liability whatsoever as to Dr. Annunziata — who takes his responsibilities very seriously — we are pleased that the case was dismissed with no payment made to the plaintiffs,” said Paige Levy Smith, an attorney for Sands Anderson PC.
Further, the paper quoted sources, who questioned the veracity of Namoff’s claims about “his condition” and inability to work.
Namoff countered, telling the Post:
“It is unfortunate how the events have taken an unfavorable turn. However, Nadine (a co-plaintiff) and I still stand strong by the claims we have made. My life has been significantly impacted in a negative way as a result of the September 9, 2009 concussion. My mentality has always been to persevere and fight through any difficult situation and that has been my worst enemy. It is incredibly defeating to hear claims that I can work or lead a normal life because there is nothing farther from the truth.
“We did not dismiss the case because the defense’s accusations were accurate. To think that I would put myself and my wife through this without being severely injured or incapable of working is unreasonable. Ultimately we made the decision to dismiss the case because the toll it was taking on both Nadine and me. Our health and well-being means far more than any dollar amount. It is now time to move on and for us to focus on a better quality of life. Nadine and I both plan to make it our life’s mission to make a difference and ensure that the right protocol is put in place with respect to diagnosing, managing, and treating sports related concussions so no one will have to suffer like I do every single day.”
