It didn’t take along for the NCAA to settle the claim brought by Deb Ploetz, the wife of the former University of Texas football player, who died, allegedly, from complications associated with the repeated brain trauma he suffered as a football player. That trauma led to chronic traumatic encephalopathy (CTE), according to the plaintiffs. She further alleged that the NCAA failed to properly warn her husband, Greg, about the risks of playing football, thus neglecting the duty it had to protect student-athletes.
As one person extremely close to the case said: “The case was resolved after openings, and four witnesses.” As in, fast.
This was a wise decision to settle by the NCAA.
“The settlement gives all parties the opportunity to resolve the case outside of a lengthy trial,” NCAA chief legal officer Donald Remy said in a statement. “The NCAA does not admit liability as part of the settlement. We will continue to defend the Association vigorously in all jurisdictions where similar unwarranted individual cases are pursued. It is our hope that other plaintiffs’ lawyers recognize this is one settlement in one case.”
Dissecting Remy’s statement it is clear the NCAA did not want to open the floodgates to plaintiffs’ lawyers.
Too late.
The fact that Boston University neurologist Robert Cantu was able to testify as well as a deposition taken from NCAA Chief Medical Officer Brian Hainline, in which he acknowledged a link between football and CTE, puts the NCAA in a tight spot.
The plaintiff’s argument that the NCAA knew or should have known about the risk also seemed to carry weight.
Specifically, the NCAA was allegedly aware of the concussion issue as early as 1933 when it appointed a committee of medical professionals, including the physician Augustus Thorndike of Harvard University, to study and report on the training and medical supervision of athletic squads. The result of Dr. Thorndike’s work was a medical handbook issued by the NCAA for universities and colleges.
That handbook, authored by Dr. Thorndike and others, included a section on head injuries in football in which it: (a) considered head injuries “in a category by themselves;” (b) decided that they needed special attention; (c) acknowledged that they could be similar to head injuries seen in car accidents; (d) stated that a “concussion of the brain” should be defined as “bleeding of the brain tissues” often accompanied by actual bleeding into the tissues; (e) set forth a distinction between a concussion involving loss of consciousness and one involving dizziness; and (f) set forth a protocol for the examination of players who sustained a head injury. The medical handbook also advised when a player should be removed from play.
Further damaging evidence was provided Ellen Staurowsky of Drexel University’s Center for Sports Management and an expert witness for the plaintiff. She testified that she would give the NCAA an F on health safety.
Shrader & Associates, LLP, which represented the plaintiff, noted that it “came out with an aggressive strategy right from the start, arguing during their opening statements that there was scientific evidence to show the link between head trauma and CTE symptoms that the NCAA should have known about as far back as the 1930s. As a result, the NCAA placed profits ahead of the safety of its athletes, argued Ellen Staurowsky of Drexel University, one of the first witnesses that the plaintiff used in the case.
“Many people feel as though this case will serve as a bellwether for future similar suits, as many players from around the same era are beginning to see the complications and effects of CTE in their lives. Even today there are plenty of suits waiting to hold either a football conference or the NCAA itself liable for the damages they have suffered.”
While reaching a settlement, the plaintiff’s lawyers were not satisfied.
“The NCAA could have atoned for misleading the American public for decades by simply admitting that head trauma causes CTE.
“The case is also likely to have ramifications across hundreds of other head injury cases, both against the NCAA and the NFL, which is also dealing with its own fair share of suits. However, the NFL successfully pursued a larger settlement agreement, whereas the NCAA seems to be interested in fighting each and every one of them individually.”
The firm then went on to take issue with Remy’s statement, and then open the floodgates, something the NCAA had hoped to forestall.
The firm said it was “dismayed to read” Remy’s statement. The NCAA was “more worried about optics than truth, called Deb’s case ‘unwarranted’. We humbly suggest the NCAA go back to focusing on its original mission — the health and safety of college athletes, instead of worrying what lawyers will do.”
As for the floodgates, the firm did its part:
“If you’re a former NCAA athlete who suffered a concussion or other form of brain injury while taking part in your sport, we recognize the importance of knowing your rights. While you may not be experiencing any symptoms yet, there is an abundance of scientific evidence to support the fact that concussions and other brain injuries increase the chances of CTE and immense complications later in life, and the NCAA as well as your sport’s governing body had a duty to inform and protect you from that risk.”
