Ohio Court Reinstates Concussion Lawsuit against NCAA-affiliated Bowling Green State University

06/03/2015

Decision marks precedent in sports litigation and student-athlete rights

COLUMBUS, OHIO In an important decision for injured student-athletes, the Ohio Court of Claims has denied a motion for summary judgment from defendant Bowling Green State University (BGSU) in a concussion negligence lawsuit filed by Hagens Berman on behalf of former student-athlete, Cody Silk.

The judge found that genuine issues of material fact existed as to whether the BGSU’s conduct in handling Silk’s football concussions was “wanton or reckless.” The court’s decision was made upon Hagens Berman’s motion for reconsideration and reverses an earlier decision. The lawsuit against BGSU originally filed by Hagens Berman in 2013 alleges that the university failed to protect Silk from multiple concussions and their known effects and improperly revoked his academic scholarship.

“We believe the court has made the right decision both for Cody and for all of the voiceless student-athletes facing the life-altering effects of concussions,” said Steve Berman, attorney representing National Collegiate Athletic Association (NCAA) football players. “By returning Cody to play, BGSU and its football staff failed to take basic actions to treat Cody’s injuries despite their duty to do so.”

Filed in the Ohio Court of Claims, the complaint alleges Silk received multiple concussions while playing football for BGSU. These concussions allegedly went untreated by BGSU football staff members.

To contact an attorney regarding concussions at NCAA institutions, you can email NCAAconcussions@hbsslaw.com or call 206-623-7292. Find out more about Hagens Berman’s lawsuit against BGSU and other related concussions litigation against the NCAA and other sports governing bodies.

Hagens Berman has one of the nation’s most highly regarded sports law practices. Our attorneys are the vanguard of new and innovative legal approaches to protect the rights of professional and amateur athletes in cases against large, well-financed interests, including the NCAA, the National Football League (NFL) and the Fédération Internationale de Football Association (FIFA).

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About Hagens Berman
Hagens Berman has one of the nation’s most highly regarded sports law practices and has offices in nine cities. The firm seeks to protect the rights of athletes, consumers, whistleblowers and others. Hagens Berman has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

Media Contact
Ashley Klann
ashleyk@hbsslaw.com
206-268-9363


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07/21/16: NCAA Concussions Settlement Website

The NCAA concussions settlement website is now live. For more information, please visit: http://www.collegeathleteconcussionsettlement.com

07/14/16: Final stage of preliminary approval

Today, the court preliminarily approved the settlement in this case. The Settlement website will be live by July 21, 2016. By July 29, 2016, a letter to NCAA members seeking contact information for Settlement Class Members shall be issued; the initial Publication Notice shall be distributed; the NCAA shall distribute notice on its social media; and the call center for Settlement Class Members shall be established.

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Subject to modifications outlined here, the Court grants the Joint Motion for Preliminary Approval of Amended Class Settlement and Certification of Settlement Class

04/01/15: Hagens Berman Files Amended Papers

Hagens Berman filed amended papers for approval of the NCAA concussion case.

Managing partner, Steve Berman, said, "We hope that the amended papers answer all of the questions raised by the court, and we hope the settlement is approved so that we can put in place better protection for players."