By Richard J. Foster, Esq.
Alice Mayall, the mother of a 16-year old female water polo player (referred to in the complaint as “H.C.”) filed a class action lawsuit against USA Water Polo, alleging that the National Governing Body for the sport failed to take any steps “to recognize, manage and appropriately treat head injuries and concussions, despite scientific and medical consensus on the treatment of concussions over a decade old.”
The complaint alleges that USA Water Polo has the power to enact, enforce or modify rules “that would properly protect participants from concussions that are preventable, as well as properly protect participants who suffer concussions from returning to play until they have progressed through a widely accepted stepwise, graded exertional return-to-play protocol and are symptom free for at least 24 hours”.
Plaintiff alleges that her daughter played water polo for one of 500 USA Water Polo registered clubs and was participating in a tournament organized and managed by USA Water Polo. On the first day of the tournament, H.C., while playing the goalie position, was hit in the face by a shot, which led to a concussion. H.C’s coach, lacking any concussion management training, allowed H.C. to continue playing in that game and in subsequent games where she took additional hits to the head.
After the tournament, H.C. started to experience headaches, sleepiness and fatigue and was unable to attend school. Her condition worsened and her symptoms included excessive sleeping, dizziness, inability to tolerate movement, extreme sensitivity to light, headaches, decreased appetite, nausea and inability to do any school work. Doctors diagnosed her with post-concussion syndrome.
The complaint seeks damages for gross negligence, alleging that USA Water Polo failed to (i) implement system—wide concussion and return-to-play guidelines for athletes who have sustained concussions, (ii) adequately educate and adopt rules requiring the education of coaches, staff and athletes about the symptoms and long-term consequences of concussions, and (iii) implement system-wide guidelines for screening and detecting head injuries. The complaint concludes that USA Water Polo had a duty to supervise, regulate, monitor and provide reasonable and appropriate rules to minimize the risk of injury to players and that USA Water Polo breached that duty of care.
The complaint was filed in the United States District Court, Central District of California, Southern Division and seeks injunctive relief, the establishment of a medical monitoring program, compensatory damages, punitive damages, compensation for pain and suffering and attorneys’ fees.
Richard Foster is an attorney and sports law professor in Southern California.
