3 Former College Football Players Sue NCAA In Chattanooga Federal Court Over Concussion Issue

Wednesday, September 4, 2013

Three former college football players, including a current Chattanooga resident, have filed suit in Chattanooga Federal Court against the NCAA over the issue of concussions.

The 29-page suit says the NCAA "has breached its duty to protect college football players in the face of long-standing and overwhelming evidence regarding the need to do so. The NCAA has ignored this duty and profited immensely from its inaction and denial, all to the detriment of the players."

It says the NCAA "has failed to educate its football-playing athletes of the long term, life-altering risks and consequences of head impacts in football. They have failed to establish known protocols to prevent, mitigate, monitor, diagnose and treat brain injuries."

The complaint was filed by Chris Walker of Chattanooga, a defensive end for the University of Tennessee 2007-2111; Ben Walker of Knoxville, a defensive end for the University of Tennessee 2007-2111; and Dan Ahern of Pensacola, Fla., an offensive guard for North Carolina State from 1972-1976.

It says Chris Walker during his college career "experienced repeated traumatic head impacts. For example, in the 2009 season he collided with another player in practice and experienced lightheadedness and nausea which he reported to the team trainer. In the same season in a game against the University of Mississippi, Mr. Walker sustained a hit that left him lightheaded and dizzy, and he was temporarily removed from the game. Mr. Walker believes that he suffered other similar head impacts in his college career, but cannot recall them with specificity. After graduation, Mr. Walker has experienced frequent severe headaches that have not been amenable to treatment by over-the-counter medication. Mr. Walker is at increased risk of latent brain injuries caused by repeated head impacts in his college football career and therefore is in need of medical monitoring."

It says Ben Martin during his college career "experienced repeated traumatic head impacts. For example, Mr. Martin recalls an impact to the head in a game against the University of Georgia, most likely during the 2009 season, in which he was blindsided and experienced lightheadedness and dizziness. He recalls returning to play the next time the defense took the field. Mr. Martin believes that he suffered other similar head impacts in his college career, but he cannot recall them with specificity. After graduation, Mr. Martin has experienced frequent headaches. Mr. Martin is at increased risk of latent brain injuries caused by repeated traumatic head impacts in his college football career and therefore is in need of medical monitoring."

The lawsuit says Dan Ahern during his college career "experienced repeated traumatic head impacts. For example, during his freshman year, he suffered a concussion in a spring scrimmage which required a two-night stay in the infirmary for observation. During his sophomore and junior seasons he believes he suffered other concussions, but he cannot recall them with specificity. During his senior year he suffered a concussion during a game against Pennsylvania State University and he was flown to Raleigh, North Carolina and hospitalized for observation. After graduation, Mr. Ahern has experienced an inability to concentrate, poor memory, a ringing in his ears, and sleeping problems. He has also suffered physical ailments and pain associated with these ailments leading to retirement at age 50 and disability as of 2007. Mr. Ahern is at increased risk of latent brain injuries caused by repeated traumatic head impacts and therefore is in need of medical monitoring."

The suit says, "Annual revenues for the NCAA in fiscal year 2007-2008 were $614 million. Almost 90% of the NCAA’s annual budget revenues stem from marketing and television rights, with only 9-10% coming from championship game revenues. The NCAA’s operations are also highly profitable. The direct expenses for operating the actual games that generated the $614 million in revenues were only $59 million."

It asks for a court-supervised, NCAA-funded, comprehensive medical monitoring program for affected foootball players, "which would facilitate the early diagnosis and adequate treatment of brain injury."

The suit, which seeks to become a class action, was filed by a number of leading law firms from around the country.

The case has been assigned to Judge Curtis Collier.




Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: AMEY, ANTHONY GEORGE  5245 LOMNICK CHATTANOOGA, 37410  Age at Arrest: 26 years old Arresting Agency: Chattanooga RECKLESS DRIVING DRIVING ON REVOKED, SUSPENDED OR CANCELLED LICENSE SEAT BELT LAW VIOLATION --- BARNETT, PRINTICE JAMES  5004 CAMERON AVE CHATTANOOGA, 37411  Age at ... (click for more)

Cynthia Stanley-Cash Says District 5 Stagnating; VRI Is Not Working

City Council District 5 candidate Cynthia Stanley-Cash said the district has not experienced economic and community development for many years. She also said that the city's Violence Reduction Initiative is not working and many citizens in the district feel it should be disbanded. Ms. Stanley-Cash said, "I was born in Chattanooga and have lived here all my life, by choice.  ... (click for more)

A Light Rain Began To Fall - And Response (2)

Around noon Friday, Jan. 20, 2017, Donald J. Trump was sworn in as the 45th President of the most powerful nation on Earth after a long and sometimes bitter campaign where 17 GOP candidates of his own party and two of the opposing party competed for the honor.   Thousands rejoiced in the Washington D.C. streets while policemen who had come along with national guardsmen pushed ... (click for more)

Roy Exum: Jumoke’s Thuggery Ends

Jumoke Johnson, the most notorious criminal in Chattanooga’s recent history, was killed by a rain of bullets in the 2100 block of East 12 th Street at little after 8 o’clock Friday night and for the many of us who have kept up with the 23-year-old, you wonder how he ever lasted this long. He was aptly proclaimed as the “most dangerous man” to ever have been sentenced in Chattanooga’s ... (click for more)

Tullahoma Nips East Hamilton For Central Mat Title

The annual Central Invitational wrestling tournament was cancelled two weeks ago by the threat of inclement weather, but they were able to get it in on Saturday and it was a battle to the wire for the team championship. Luke Champion was the individual winner at 285 pounds and it was his victory that lifted the Tullahoma Wildcats to the team title as they finished the day-long ... (click for more)

Father Ryan Rallies To Beat Soddy Daisy

The Soddy Daisy Trojans may have been embarrassed over a lopsided whipping they took at the hands of the Bradley Bears Thursday night in Cleveland, but they came out with fire in their eyes Friday night in a dual meet with Father Ryan. The host Trojans had a seemingly-comfortable 32-22 lead with three matches remaining, but the Purple Irish won all three -- including two with ... (click for more)