An Ohio university has been named a defendant in a lawsuit filed by a former student-athlete. A former quarterback for Baldwin Wallace University claims that the school was negligent in failing to provide proper medical testing, diagnosis and treatment after he suffered a concussion during practice.
The case began in 2011 when the eventual plaintiff enrolled at BWU; he practiced with the football team in the summer before his first classes began. On Aug. 17, 2011, according to the lawsuit, the plaintiff suffered a concussion during practice. He allegedly notified a team trainer that he threw up and that he had a headache, but he was not sent to the team doctor. He was diagnosed with a concussion later that day when his parents took him into an emergency room. He still did not see the team doctor, according to the lawsuit, but he suspended exercise until August 27.
The lawsuit claims that the school violated its own protocol by allowing the plaintiff to play in a scrimmage on September 2, after being cleared to play by an athletic trainer. The plaintiff should not have played in the scrimmage, nor should he have practiced on September 5 and 6, according to the lawsuit, which claims that the plaintiff suffered blows to the head during the scrimmage and at practice that caused long term brain injury.
If the university is found liable for the plaintiff's injuries, he may be entitled to compensation for damages, which may include the cost of ongoing medical care. In a case like this, a defendant may dispute the plaintiff's damage calculations; a personal injury attorney might arrange for an expert to testify or to provide documentation in support of the plaintiff's claims.
Source: Cleveland.com, "Concussion resulted in brain injury to football player due to negligence of Baldwin Wallace University, lawsuit claims", Karen Farkas, June 24, 2014