Oregon Parent Sues School District for Negligence over Handling of Concussion

Nov 14, 2014

The mother of a high school football player in Oregon, who suffered multiple concussions during the 2012 season, has sued the school district, alleging that the school district failed to properly instruct its employees about assessing a concussion.
 
Terri Averette, the mother of Kieshon Averette, alleged in a lawsuit in Washington County Circuit Court that her son “suffered multiple blows to his head and football helmet during practices and actual games,” while a member of the Hillsboro High School freshman football team.
 
Specifically, she said her son suffered a “severe blow to the head” during an Oct. 19, 2012 game. He remained on the ground for several seconds and, according to the complaint, “was not evaluated by the trainer or the coaching staff.” He returned to the game three plays later.
 
Averette alleged that the school’s athletic trainer, Melissa Reis, requested Kieshon visit her on the following Monday before football practice.
 
But Kieshon “forgot about this instruction” and never saw the trainer, according to the complaint. “Without any evaluation,” he participated in practice that Monday, Tuesday and Wednesday. On Thursday, Kieshon “suffered another blow to his head, when he tackled an opposing player and that player’s knee came in contact with his head.”
 
In her lawsuit, Averette alleged that the Hillsboro School District was negligent in:
 
not properly training Hillsboro High School athletics staff in recognizing signs and symptoms of concussion, as required by “Max’s Law” (ORS 336.485);
 
failing to evaluate Averette and refer him for medical treatment and release before allowing him to return to play; and
 
failing to follow concussion management protocols prescribed by Oregon School Activities Association training.
 
 
She further claimed Averette suffered second impact syndrome, concussion, headache, neck strain, cognitive impairment, and a variety of vision problems, including blurred and double vision.
 
Averette is asking for $170,000 in compensation, including $20,000 for medical expenses and $150,000 in non-economic damages as well as future medical expenses to be determined.
 
Averette is represented by attorney J. Randolph Pickett of Pickett Dummigan LLP, in Portland.


 

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