Sports Agent and Sports Lawyer Blog

When you put on a helmet and step on the field there is an idea that it is supposed to provide you with some measure of protection. Why else would they be required? I am sure that’s what Jordan Wolf thought when he walked up to what would turn out to be his final at-bat.

Wolf, a member of the 2008 Baltimore Orioles' Class-A farm team, was hit in the head with a 93-mph fastball. The impact resulted in a skull fracture stretching from his ear to the top of his head. Wolf lost all feeling on the right side of his body and his ability to speak due to a brain hemorrhage. Two years later the 25 year-old has been diagnosed with epilepsy and suffers from multiple seizures.

Wolf is now suing Rawlings, the helmet manufacturer, and the MLB for failing to provide him with adequate protection. Not surprisingly, lawsuits against helmet manufactures have been around for years. In one case, a 14 year-old boy was rendered quadriplegic when a teammate struck him on top of his helmet during a high school football game. The helmet company, Athletic Helmets, lost this $12 million lawsuit. Here the court found that Athletic Helmets’ warnings and instructions for use were inadequate, not that the helmet was defectively designed.

Are these injuries just a risk of the game, or will Wolf be successful in proving that Rawlings and/or the MLB should have know his helmet was inadequate? New helmet designs make it obvious that proper helmet protection is important to prevent serious injuries. Rawlings, the official MLB equipment supplier, has since changed their helmet designs and introduced one that can withstand a pitch up to 100mph. Also the NFL recently introduced a new helmet design to provide their players with more protection from serious injury. This might be a sign that these companies and organizations knew their old designs were inadequate.

Former Cleveland Browns wide receiver Joe Jurevicius’s lawsuit against his team has been resolved in a confidential settlement. For details of the lawsuit, see this link.

What make this lawsuit interesting is that Jurevicius sued because the team allegedly failed to protect him from getting a staph infection. The infection in his right knee apparently ended his career, thus limiting his future earnings. Specifically, Jurevicius alleged negligence by the Browns in their misrepresentation of the practice facility’s level of cleanliness.

This news is a good opportunity for all the teams and leagues out there – from the major leagues to high schools to leagues for toddlers – to think twice about whether all liabilities are covered. Something as simple as sanitizing equipment and facilities can avoid major legal problems. If you have not yet consulted with a sports law expert about your liabilities, make certain to do so.

The baseball bat debate – wood vs. metal – is a topic we have covered many times on this blog (here and here and here). Now it looks as though some of the answers as to whether wood or metal bats are safer may never be reached.

This is an interesting article about the UMass-Lowell Baseball Research Center, which is facing financial troubles because of a lawsuit. From the article:

The UMass-Lowell Baseball Research Center opened in 1998 and struck profitable deals to certify every model of bat used in the major leagues and NCAA competition. As a gesture of goodwill, the center gave free advice to the National Federation of State High School Associations and youth baseball organizations, gaining national acclaim for addressing the dangers of balls rocketing off metal bats at dangerous speeds.

Accused of violating its license to operate the testing machine, the baseball center became entangled in a seven-year court fight that spanned two jury trials and ended in January with the taxpayer-supported university taking a $4.4 million hit: a $3.1 million court judgment, plus $1.3 million in interest. The case also cost the university $1.7 million in legal fees.

While the article focuses more on the center’s financial and legal troubles and seems to blame the legal system and bat maker Charles Baum for those problems, the greater tragedy is that the center’s data may no longer be available to leagues.

Elliot Hopkins, the baseball rules editor for the National Federation of State High School Associations, said the organization cannot afford to pay for the safety information it receives from the Lowell facility.

“Losing the center would literally cripple high school baseball nationally,’’ Hopkins said. “We couldn’t replace it.’’

We have extensively detailed the metal vs. wood bat debate among youth league baseball. (See our blog posts: here and here, just as two recent examples). Each time we post about the subject, we get contacted by people who want to tell their side of the story.

Now a newspaper in Arkansas reports that teams in the area are seriously questioning whether they should switch from wood to metal bats. The Fayetteville Observer’s article creates what I would view as a terrifying depiction of what goes through the softball coach at a local college.

Miguel Justiniano, who coaches at Fayetteville State, says that he knows when his third baseman moves closer to the plate to field a bunt, he had better be right about the batter bunting, because a line drive down the line could have a devastating impact.

As far as the Broncos coach is concerned, metal bats make playing third base in softball one of the most dangerous positions in all of sports. But that's behind the pitchers, who stand only 43 feet away and must react to balls traveling more than 100 miles per hour.

"One day, when we have a death, everything will change," Justiniano says. "Do we need to wait for someone to pass away before we know this is harmful? I'd rather be safe and cautious than wait for something to happen."

Nevertheless, despite the acknowledgment that metal bats appear to be dangerous, it is interesting that none of the coaches interviewed for the article appear ready to advocate for a switch back to wood bats. The author does, however, note that the NCAA’s regulations on metal bat safety are imminent:

The NCAA has taken multiple steps to regulate metal bats. After USC beat Arizona 21-14 in the championship game of a 1998 College World Series that featured plenty of home runs, the organization adopted the BESR (ball exit speed ratio) standard in 2003.

Those regulations made bats heavier, shrank barrels and ensured that balls came off bats at the same top exit speed as wooden bats (97 mph). But the NCAA and state high school athletic associations will take further steps over the next couple years to continue making metal bats act more like wood ones.

Starting in 2011, the NCAA will make baseball teams use bats that meet BBCOR (Bat Ball Coefficient of Restitution) standards. High school baseball will follow suit in 2012, and bats with the BESR stamp will no longer be legal.

A baseball player has filed a lawsuit because the sun got in his eyes.

This lawsuit is a unique case, as far as I can tell. The elements are a fundamental part of baseball, which is why baseball players typically wear sunglasses if necessary. Nevertheless, I would stop far short of arguing that this lawsuit is frivolous on its face.

The Canadian amateur baseball player is suing the company that owns the ballpark because he believes it allegedly failed to put a sun screen in place. George Black was allegedly injured in 2004 when he was hit by a line drive. He is seeking $1.25 million in damages.

While Canadian tort law may differ from American law, the cause of action appears to be virtually identical, as the plaintiff is already trying to stave off the standard assumption of risk defense.

Norman F. Williams, lawyer for Mr. Black, said there is a general view that if you play baseball and get hurt, "you're the author of your own misfortune."

"It's wrong in this case because [Mr. Black] didn't assume all the risk. Dofasco assumed the risk, part of it if not all, by not putting up sun visors to protect him when they knew it was a danger not to do that," he said. "These are not professional ballplayers."

There is evidence that the defendant knew sun was a problem, but the case raises a larger question. At the professional level, companies which build stadiums take into account the angle of the sun. But do amateur baseball field builders consider where the sun is shining when they build their fields? If the plaintiff succeeds in this case, they may need to take it into account.

It’s baseball season, so that means we need to talk about metal bat injuries once again. In the San Francisco Bay Area, a 16-year-old high school baseball player was in critical condition after being hit in the head by a line drive in a practice.

From the article:

Gunnar Sandberg, 16, a student at Marin Catholic High School, remained in critical condition Tuesday at Marin General Hospital, said hospital spokeswoman Kathie Graham. He was removed from a medically induced coma on Friday and underwent a brain scan Monday after doctors “didn’t like what they saw,” said school principal Chris Valdez.

Not surprisingly, the article also points to “renewed concerns about the safety of metal baseball bats” and mentions the Brandon Patch verdict in which the parents of a high school player in Montana were awarded $800,000 after the player was killed by a metal bat from a game.

We have blogged about the safety of metal bats before. This blog entry about a league switching back to wood bats in fact drew the most calls and e-mails from readers. What seems a little unusual about this particular situation is that the school, Marin Catholic, immediately chose to switch to wooden bats for the rest of the season. Is this a wise decision? It probably cannot be quantified in terms of safety – if no one else is critically injured throughout the rest of the season does not mean that the wood bats are automatically safer or that the decision was warranted. At the same time, it does not mean the decision was a poor one either.

Still, the Sporting Goods Manufacturers Association is taking an aggressive stance, this time choosing to criticize the school for switching to wood bats. As an attorney who represents and advises businesses (in addition to representing individuals), I can understand why the SGMA would need to insist on the metal bat’s safety. It would no doubt be bad for business if the group acknowledged that metal bats raise concern, right? Nevertheless, it seems to me that the Sporting Goods Manufacturers Association would probably be better served by offering sympathy to the injured child and his family, and would probably be wise to avoid criticizing the school for its decision to switch to wood bats.

We have blogged previously about the safety of sports equipment (such as mouthguards and baseball bats (here and here). Now it is time to take note of a lawsuit underway in Canada regarding the safety of hockey helmets.

The parents of a youth hockey player are suing helmet maker Bauer Hockey Corp, alleging that the helmet did not adequately protect the player against injuries. The article describes Darren More’s injury in this way after crashing into the boards following a hip check:

He was in a coma for six weeks, and remained in hospital four a total of four months. Darren’s injuries included a subdural hematoma, brain swelling and hypoxia.

Darren was unable to graduate high school and cannot seem to function in the manner that he did before the injury.

It is interesting that the plaintiffs have also sued the Canadian Standards Association, which certifies helmets for use. Whether Darren was injured because his helmet was faultily constructed helmet or by a freak accident, here is hoping that this lawsuit resolves the issue and compensates the family if the helmet maker or standards board was derelict in its duties. While Darren's situation is nothing short of tragic, if it leads to changes in the way helmets are designed, it would be a positive legacy for the future

Here’s a strange sports lawsuit that is sure to gain attention as the story picks up steam. A high school softball player in New York City is suing the city, her school and her coach, claiming that she injured her ankle because the coach failed to teach her how to slide.

Fifteen-year-old Alina Cerda, a freshman third baseman, alleges that she broke her ankle last season during softball practice. The basis of the lawsuit seems to be an allegation of negligent supervision:

Alina's lawyer, Clay Evall, says Brown wasn't supervising the sliding drill but had some of the team's veteran players teaching the new girls how to do it.

"He wasn't instructing them whatsoever," Evall said. "He told her to watch the older girls do it."

I can understand the plaintiff's misery here but I have to wonder about the extent of her damages. I realize she is in pain and she missed her entire freshman season and still has not fully recovered. But it’s December and she has several months until next season. Also, the school district's health insurance plan covered her medical costs, right? It’s doubtful that she is claiming damages from lost future earnings, as softball players do not have any earning prospects. I guess she may be claiming a lost chance at a college scholarship but that seems like a stretch. Without any damages to speak of, it seems unlikely to me that she will prevail even if the coach was found to have been negligent in his supervision.

Here is a roundup of recent developments regarding concussions in football.

First, La Salle University settled a concussion brain injury lawsuit for $7.5 million with former football player Preston Pelvretes, who was allegedly injured in a 2005 game. As usual with these types of lawsuits, the in-game concussion was apparently the second concussion that Pelvretes suffered in a month. Everyone knows that concussions have a cumulative impact on the brain, making it critical for coaches and trainers to do the right thing when the player suffers the first concussion.

Here is an excerpt from the article:

“Only in the past one to two years has there been the kind of attention placed on this matter necessary to force schools, colleges and the NFL to actually adhere to the well-promulgated and common-sense standards of the medical profession,” Shanin Specter, a lawyer for the Plevretes family, told The Associated Press.

Continue reading "Sports Law and Concussion Roundup" »

Here is a story which is important for sports lawyers to monitor in light of the recent Louisville Slugger baseball bat verdict. A Massachusetts youth baseball league has decided to return to using metal bats after an eight-year run of using only wood bats.

The father of the child who was severely injured by a ball hit off a metal bat was shocked and angered by the move:

“[Aluminum] bats hit the ball harder, so those kids are in greater peril,’’ said Richard Hughto, an environmental consultant from Wellesley. “They’re deciding to put some kids in danger so some kids can get more hits . . . [With aluminum bats,] players will hit the ball more often and the good hitters will hit it that much harder’’ toward the pitcher’s mound, which is 46 feet from home plate as opposed to 60.5 feet from home in professional baseball.

The safety of baseball equipment is an issue which Sports Agent Lawyer Blog will continue to monitor, as it heavily impacts the field of sports law.

We have blogged about it before, and we’ll blog about it again. The NFL concussion problem is not going away.

Leonard Shapiro, a retired sports writer who is in the NFL Hall of Fame, recently put together a chilling story about a retired player who is taking medication to stave off Alzheimer’s. Shapiro’s article does a stellar job of encapsulating the entire NFL debate about concussions when he summarizes the NFL’s response to a study released earlier this fall about concussions. The study revealed that former football players have increased dementia and memory problems. Surely, this caused the NFL to mobilize its vast resources and spring into action, right? Not quite:

Strangely, the NFL's initial response was that the study was scientifically flawed, and that further work needed to be done before a definitive link between on-field hits and dementia can be made.

In many instances, the right thing can be accomplished by utilizing safer equipment. Shapiro’s article references a special helmet, the Xenith X1, which is designed to soften and moderate blows to the head. The helmet is pictured at right.

I hope you understand the reason we continue to blog about this subject. An agent is a fiduciary who is charged with looking out for the best interests of his client. To be sure, football players are grown men who are responsible for their actions and choices, but sports lawyers and sports agents need to get involved to help pressure the league to do the right thing. If nothing else, agents and lawyers should at least make their pro athlete clients aware of the options such as the new and reportedly safer equipment options.

Earlier we blogged about concussions in the NFL and the lasting damage they can cause football players. We just wanted to point out an outstanding, if painful, article about former 49ers lineman George Visger, who is afflicted with hydrocepahlus, or "water on the brain." He even has a shunt in his brain as a result of one too many hits to the brain.

Here is a chilling excerpt from the article:

Here’s the score. Visger’s head got knocked around so much playing football, scar tissue formed over the ducts in the brain that supply fluid to the spine. When the fluid builds up enough pressure, it crushes Visger’s brain from the inside out, against the hard, bony skull. If the pressure is not alleviated, his brain will hemorrhage, he’ll go into a coma and die. That’s what the shunt surgically installed in his brain is for, to relieve the pressure. If the shunt should clog—which it has done often in the past, thus the multiple brain surgeries—the pressure builds up inside his skull, causing an intense headache and nausea. If the pressure doesn’t subside, then Visger is supposed to jam the needle in the side of his head and drain off the excess fluid.

I am not suggesting that football players from the old days need to start suing leagues because of the damage previously suffered. At some point, however, the NFL needs to wake up and institute major reform. How anyone can ignore the mounting evidence and argue that football at high levels is not potentially life-threatening is beyond me. This is a topic that Sports Agent and Sports Lawyer Blog won't stop covering until the league makes substantial changes in its policies.