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Ex-college football players sue NCAA, helmet makers on concussion claims

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Two former University of Washington football players are seeking class-action certification for brain-injury claims against the NCAA and helmet makers, including Riddell Inc.and All-Sports Corp.

Former Huskies quarterback John DuRocher and safety Darrin Harris are the lead plaintiffs in a complaint filed Tuesday in U.S. District Court for the Southern District of Indiana in Indianapolis. The suit seeks to certify a class of former NCAA football players who suffered concussions that led to long-term injuries from chronic headaches to Alzheimer’s disease.

"We have not been served with this Complaint," said Stacey Osburn, NCAA director of public and media relations. "We have reviewed a copy and it appears to use language and raise issues similar to the prior potential class action complaints filed. It is not unusual to see competing class action-styled complaints filed as plaintiff's attorneys try to secure a lead position in consolidated litigation.  Like the other potential class action complaints filed by other plaintiffs' lawyers, we find allegations against the NCAA to be misleading and erroneous."

The complaint claims defendants were negligent because they knew of the risks of traumatic brain injury resulting from concussions and failed to protect or educate athletes or take steps that would have reduced the risks. Former student athletes seek damages including costs of ongoing medical care and monitoring.

DuRocher and Harris are represented by attorneys from Indianapolis-based Cohen & Malad LLP along with the Dugan Law Firm APLC, Barrett Law Group PA and Douglas H. Gill & Associates.

The suit is the second federal head-injury claim brought against the NCAA by a former football player. Former Eastern Illinois player Adrian Arrington sued in the Northern District of Illinois over repeated concussions. A status hearing in that case is scheduled for Oct. 24.

 
 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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