Soccer Organizations Latest to Come Under Fire in Concussion Class Action Lawsuit

Sep 5, 2014

Several current and former soccer players have sued soccer’s worldwide governing body—the Fèdèration Internationale de Football Association (FIFA)—and affiliated soccer organizations in the United States, claiming the defendants have failed to adopt effective policies to evaluate and manage concussions, a common occurrence at all levels of the game.
 
They also claim that a lack of effective policies poses a greater danger to players that are women and children, since both groups are more vulnerable to traumatic and long-lasting brain injury.
 
Steve Berman of Hagens Berman Sobol Shapiro LLP, whose law firm is representing the plaintiffs along with Minami Tamaki LLP, said the defendants have been slow to respond to a growing body of medical knowledge about concussions.
 
“The medical community called for change over a decade ago and despite simple, best-practice guidelines, which have been updated three times since the initial international conference on concussions, FIFA has failed to enact the policies and rules needed to protect soccer players,” Berman said. “We believe it is imperative we force these organizations to put a stop to hazardous practices that put players at unnecessary risk.”
 
Besides FIFA, the lawsuit also named the U.S. Youth Soccer and American Youth Soccer leagues as defendants. The leagues are responsible for over three million child and adolescent soccer players in the United States.
 
The plaintiffs suggested, in their lawsuit, that FIFA’s guidelines appear to suggest that players self-diagnose brain injuries by allowing a referee and not a medical professional to determine if the player is too injured to continue. They added that “returning a player to play before fully recovered negligently puts him or her at risk of a permanent brain injury.”
 
Berman called the alleged negligence “remarkable, given that FIFA actively promotes its activities to children,” adding that the FIFA video game is the best-selling sports video game in the world and the second best-selling in the United States.
 
“Yet no rule limits headers in children’s soccer, and children are often taught to head the ball from the age of three. We estimate that a dedicated youth player might sustain 1,000 headers per year, and a high school player more than 1,800 headers.”
 
Concern over soccer concussions mounted during the 2014 World Cup, where multiple players returned to play after violent hits to the head. In the final match, Germany’s Christoph Kramer crashed into the shoulder of an opposing player and appeared to pass out. He returned to play, only to be assisted off the field 15 minutes later in a stupor.
 
The plaintiffs cite FIFA’s marketing and policy materials, which tout a commitment to player safety. In the past, FIFA has implemented policies to address health threats including cardiac arrest and performance-enhancing drugs. Concussions deserve the same attention, according to Berman.
 
Minami Tamaki LLP attorney Derek Howard added that the defendants “failure to act and protect these young players is no longer acceptable, given the epidemic of concussive injuries and the failure to implement important advances in medical treatments and protocols. Further, despite the acknowledgment that female footballers are especially at risk for long term injuries, there are no rule limits for headers in children’s soccer. We estimate that a dedicated youth player might sustain 1,000 headers per year, and a high school player more than 1,800 headers.”
 
The lawsuit, Mehr v. Fèdèration Internationale de Football Association, filed in the U.S. District Court for the Northern District of California seeks to require FIFA and its U.S. affiliates to implement up-to-date guidelines for detection of head injuries and for return to play after a concussion. The suit also calls for regulation of heading by players under 17 years old, and a rule change to permit substitution of players for medical evaluation purposes. Currently, FIFA rules generally allow only three substitutions per game with no clear provision for head injuries, according to Berman. If an athlete bleeds, even from a scrape, removal is required, but no similar rule exists for concussions. FIFA provides no guidance on substitutions in youth games in the U.S.


 

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