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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

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