CONCUSSIONS AND THE COURTHOUSE DECEMBER 2015 About the American Association for Justice (AAJ) The American Association for Justice works to preserve the constitutional right to trial by jury and to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. 777 6th Street, NW, Suite 200 Washington, D.C. 20001 www.justice.org Copyright © American Association for Justice 2015. Reproduction of any kind is prohibited. For more information, please contact AAJ Research at
[email protected] or at (800)424-2725 or (202)965-3500, ext. 2811. American Association for Justice (AAJ): Concussions and the Courthouse 2015 3 TABLE OF CONTENTS Introduction 4 The Change in Culture 5 Concussion Flashpoint: The NFL 9 Beyond the NFL: The Concussion Epidemic 14 Conclusion 18 Appendices: Statistics 19 High Profile Cases 20 A Timeline of Concussions 24 State Laws 33 American Association for Justice (AAJ): Concussions and the Courthouse 2015 4 INTRODUCTION he dangers of traumatic brain management policies. Where decades Tinjuries in sports have long been of medical research changed attitudes known, but it is only recently that only incrementally, lawsuits have a widespread change in attitude to fueled accelerated change. such injuries has taken hold, as the No concussion lawsuit has had quite civil justice system has begun to hold the effect of the NFL concussion sports leagues and school districts litigation. One of the most high- to account. Ten years ago, players, profile court cases in sports history, the coaches and commentators still talked case immediately sent shockwaves not about concussions in terms of “being just through the NFL, or professional shaken up,” or “having your bell rung,” sports, but all contact sports at every even as the risks head injuries posed level.