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school district liability - lack of proper supervision
This action involved tragic incident wherein Plaintiff a minor, suffered catastrophic
brain injuries while playing in a high school football game.
While playing at the subject football game, sometime prior to half time, Plaintiff
sustained a minor head injury. Following his injury, Plaintiff complained to his coaches
about being fatigued and having head pain. Despite the signs of head injury, Defendant’s
coaches told Plaintiff to continue playing in the football game instead of taking him out of
the game. Defendants failed to have any medical personnel check Plaintiff until he was
unconscious in the fourth quarter! After Plaintiff’s complaints at half time the coaching staff
decided to only play Plaintiff on defense in the second half. Unfortunately, despite the
coach’s admission that he thought Plaintiff should rest on offense in the second half of the
game they nevertheless continued to play Plaintiff virtually every play at the second half
until he collapsed.
At his deposition Plaintiff wrote down on a piece of paper that at half time
although he informed his coaches about his head pain, the coaches “told him to
play”. Plaintiff exhibited classic signs of brain trauma: headache, blurred vision, lethargy,
bad memory, crossed eyes, dizziness and breathing problems.
Defendant did not have a professional trainer or medical personnel available.
Defendant’s coaches should have noticed Plaintiff’s problems but they were not properly
trained or educated on brain trauma and ignored the initial signs of Plaintiff’s brain trauma.
During the third quarter Plaintiff said he could no longer continue to play. The Defendant’s
coaches finally recognized that Plaintiff was injured and called an injury time out. Although
the Unified School District had medical personnel available, no medical aid was summoned
at the time Plaintiff was taken out of the game. Defendant admitted when Plaintiff came
out of the game in the 3rd quarter and being unable to continue, Plaintiff had complaints of
head pain and blurred vision. The other players testified that Plaintiff was forgetting the
plays and his eyes appeared to be crossing in his head. Despite overwhelming evidence
of brain injury Plaintiff was simply placed on the bench to sit without any adult supervision.
While on the bench Plaintiff had problems staying awake and keeping his head erect.
While alone on the bench Plaintiff’s head slumped to his chest and he stopped breathing
for several minutes. The medical personnel were summoned only after Plaintiff had
stopped breathing.
Plaintiff’s profound injuries were the result of the failure of Defendant’s employees
to recognize obvious signs of concussion, the failure to promptly summon aid and/or their
failure to render necessary medical care until it was too late.
One of Plaintiff’s experts, a highly qualified coaching expert, was of the opinion that:
“[n]o trainer was present for the Unified School District players during the game.
This was unreasonable and violated accepted guidelines for high school football games.
It is unreasonable and below high school football community standards to have a six (6)
man coaching staff and no medical personnel of any type looking out for the well being of
the players. The “Minimal” safety considerations require that coaches receive education
on brain trauma and be alert to the initial signs of such injuries. The Unified School District
coaches were not adequately trained and ignored the initial signs of Plaintiff’s brain
trauma....
The “Minimal safety considerations require that players who have complained of any
head-related injury such as headaches, dizziness or disorientation, be closely monitored
by trained adult supervision. Players who have been taken out of a game with possible
head injuries are never left alone. Plaintiff was left alone and without trained adult
supervision after he complained of head-related injuries. Defendant also failed to
adequately educate the players on the risk of injury. According to Plaintiff’s expert, “The
failure to instruct the players on what to do if they were injured on the field or what to do
if they notice another player with signs of injury falls below the minimum community
standards and requirements for a high school football coaches.”
Another one of Plaintiff’s expert a well qualified medical doctor, was of the opinion
that Plaintiff was a normal, healthy young man before the game. However, because of the
Defendant’s employees failure to recognize the early sings and symptoms of Traumatic
Brain Injury and render prompt medical care, Plaintiff suffered permanent and profound
massive brain injuries. “ the Unified School District should not have allowed Plaintiff to play
at all after Plaintiff’s half time complaints.”
Once a person suffers a head injury, subsequent head trauma produces
exponentially more severe injury to the underlying brain. Every additional hit Plaintiff took
after half time, deleteriously effected Plaintiff’s chances at a meaningful recovery. After
the initial insult, subsequent hits compounded the underlying brain damage. In the doctor’s
opinion, “Plaintiff’s medical condition would not have deteriorated as it did if reasonable
medical aid was rendered to him at half time or shortly thereafter and he would not have
suffered profound brain damage had the Unified School District timely rendered medical
aid.”
Additionally, when Plaintiff was taken out of the game during the third quarter he
was simply told to sit on the sidelines without competent care. During this time, Plaintiff
was nodding off and slumping forward. Slumping forward was a substantial factor in
airway obstruction causing his breathing to stop, depriving Plaintiff’s brain of oxygen.
According to Plaintiff’s doctor, “Had Plaintiff not been left alone and without competent care
it was more probable than not to a reasonable medical certainty that his brain would not
have been deprived of oxygen and he would have suffered less injuries from which he
suffered.”
* Results may vary depending on your particular facts and legal circumstances. Because every case is different, the descriptions of awards and cases previously handled are not meant to be a guarantee of success.
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