NCAA reaches deal head-injury suit

Former Ouachita Baptist soccer player Angel Palacios said in the lawsuit there were no concussion tests administered by the OBU training staff and she was not sent to the emergency room after suffering a concussion during a practice in 2011.
Former Ouachita Baptist soccer player Angel Palacios said in the lawsuit there were no concussion tests administered by the OBU training staff and she was not sent to the emergency room after suffering a concussion during a practice in 2011.

It has been a long three years for Angel Palacios.

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AP file photo

Adrian Arrington, shown while playing in high school at Bloomington, Ill., in 2004, said he suffered five concussions while playing at Eastern Illinois.

Palacios suffered a concussion during a 2011 soccer practice at Ouachita Baptist University in Arkadelphia, and the injury forced her to end to her college athletic career prematurely.

Palacios eventually ended up among a group of plaintiffs who filed a class-action lawsuit in 2011 that claimed the NCAA had been negligent regarding awareness and treatment of brain injuries to athletes. The group included Derek Owens, a former wide receiver at the University of Central Arkansas, as well as football players Adrian Arrington (Eastern Illinois) and Mark Turner (Fordham), former Maine hockey player Kyle Solomon and others.

On Tuesday, the NCAA agreed to settle the head-injury lawsuit by creating a $70 million medical monitoring fund and a new national protocol for head injuries sustained by players during games and practices.

The settlement, which was filed in federal court in the Northern District of Illinois and requires the approval of Judge John Z. Lee, applies to all men and women who participated in basketball, football, ice hockey, soccer, wrestling, field hockey and lacrosse. Those who've played at any time over the last half-century or more at one of the more than 1,000 NCAA member schools qualify for the medical exams.

"I'm glad it's been settled," Palacios said when reached by the Arkansas Democrat-Gazette. "I'm excited to be a part of something so historical."

The fund would be similar to the one proposed by the NFL and the NFL Players Association and would give all former college athletes a chance to receive a neurological screening to examine brain functions and any signs of brain damage such as chronic traumatic encephalopathy, a degenerative brain disease.

Unlike the NFL's proposed settlement, this deal stops short of setting aside money to pay players who suffered brain trauma. Instead, athletes can sue individually for damages and the NCAA-funded tests to gauge the extent of neurological injuries could establish grounds for doing that.

The settlement said Palacios, Owens, Arrington and Solomon could each apply for $5,000 from the medical monitoring fund because of their time and services. Eight other plaintiffs could apply for $2,500.

Tuesday's filing came after nearly a year of negotiations that were described as sometimes tough by Joseph Siprut, an attorney for the lead plaintiffs who spearheaded talks with the NCAA.

"I wouldn't say these changes solve the safety problems, but they do reduce the risks," Siprut said. "It's changed college sports forever."

The NCAA admits no wrongdoing in the settlement and has denied understating the dangers of concussions.

"This agreement's proactive measures will ensure student-athletes have access to high-quality medical care by physicians with experience in the diagnosis, treatment and management of concussions," said Brian Hainline, the NCAA's chief medical officer.

Palacios suffered a concussion during practice Sept. 13, 2011, when she and a teammate collided heads as they went for the ball. According to the lawsuit filed against the NCAA, an OBU athletic trainer asked Palacios if she was dizzy, nauseated or had a headache. Palacios said she answered yes to all three questions.

There were no concussion tests administered and Palacios wasn't sent to the emergency room, despite her eyes swelling shut instantly, the lawsuit said. The team trainer directed her to go to her dorm room and never checked in on her or be monitored, according to the lawsuit.

Palacios did not participate in any practices until Sept. 17. When she returned, she threw up and told her coach she wasn't feeling well. The lawsuit stated that Palacios was told to participate in running drills and was then told by a trainer that "You don't want to make the coach mad."

Palacios transferred to the University of Arkansas in 2012. She has one year remaining at the university, where she is studying sports psychology, and said Tuesday that she wants to become a coach.

"I was able to stand up for myself and join the lawsuit," Palacios said. "It helps everyone."

Owens, a Russellville native, played wide receiver at UCA in 2008-2010 and was injured on a punt return during a game against Tulsa in 2010 when he was hit by an opposing player just as he caught the ball.

Owens did not play again after the 2010 season and has been diagnosed with post-concussion syndrome. He has suffered symptoms such as migraine headaches, dizziness, fatigue, irritability, anxiety, insomnia, loss of concentration and memory, and noise and light sensitivity.

Owens said he will continue his lawsuit again the NCAA.

"I don't think there's been much done in this regard before," Owens told The New York Times. "Not only for old washed-up guys like myself, but the current players and all the players who are going to come to school."

Steve Barman, another lawyer for the lead plaintiffs, told the Times that the $70 million would hold up for the 50-year agreement because testing for CTE and other brain diseases will become cheaper. Diagnostic testing also would eliminate the need for future athletes to need postcareer screenings.

"This offers college athletes another level of protection, which is vitally important to their health," Berman said. "Student-athletes -- not just football players -- have dropped out of school and suffered huge long-term symptoms because of brain injuries. Anything we can do to enhance concussion management is a very important day for student-athletes."

Critics of the settlement said the agreement lets the NCAA off too easy.

Former UCLA linebacker Ramogi Huma said the parties should have followed the lead of the NFL settlement by laying aside money for damages.

"The deal falls painfully short of what players need --€ comprehensive reform," said Huma, who is president of the College Athletes Players Association. "I know there is some limit for what the NCAA can do, but zero dollars is unacceptable."

To keep the NCAA from having to hold unwieldy talks with multiple plaintiffs, 10 lawsuits filed nationwide were consolidated into the one case in Chicago, where the first lawsuit was filed in 2011.

It could take months to get approval by Lee. He must grant preliminary approval and then, after affected athletes weigh in, give a final OK.

Information for this article was contributed by The New York Times and The Associated Press.

Sports on 07/30/2014

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