What's All the Headache: Reform Needed to Cope with the Effects of Concussions in Football

I. INTRODUCTION I. MEDICAL OVERVIEW OF CONCUSSIONS A. Grades of Concussions B. Diagnosis C. Second-Impact Syndrome D. Long-term Effects of Concussions E. Management of Concussions III. LEGAL ISSUES STEMMING FROM CONCUSSIONS A. Liability Overview B. Negligence 1. Coaches and Co-participants 2. Assumption of Risk 3. School Districts C. Express and Implied Warranties D. Strict Liability IV. WHAT VARIOUS ORGANIZATIONS ARE DOING ABOUT THIS PROBLEM A. Congress and State Legislatures B. At the High School Level C. At the College Level D. At the Professional level 1. Prevention and Management a. Fines b. Baseline tests c. Whistleblower system d. The '88 Plan' e. Recent Studies V. OPTIONS FOR REFORM A. Potential Implementations 1. Baseline Tests 2. Identify Athletes with Increased Risk of Concussions 3. Properly Fitted, Pressure-Laminated Mouthguards 4. New Helmet Designs B. Funding C. Legal Reform VI. CONCLUSION I. INTRODUCTION With 3:29 left in the AFC Championship game, Ravens running back Willis McGahee caught a pass from Joe Flacco and started upfield. (2) After taking two steps, McGahee was dropped by a violent helmet-to-helmet hit by Steelers' safety Ryan Clark. (3) Instant replay showed McGahee's body jarring violently, his neck sickeningly snapping back like a crash-test dummy. (4) As McGahee lay motionless, an eerie silence grew over Heinz field. (5) Onlookers prayed for movement from the downed player. (6) Even members of the Steelers feared the worst. (7) Thankfully, these prayers were answered, as Baltimore's team spokesman reported McGahee was neurologically intact and would be monitored in a Pittsburgh hospital overnight. (8) McGahee later confirmed, Everything is O.K. The M.R.I. and the CAT scan checked out good. was scared, but didn't know how serious it was. It was pretty intense. (9) McGahee was diagnosed with a concussion and said his neck was sore. (10) I didn't even see him coming, said McGahee. I blacked out. woke up when they were taking my face mask off. (11) McGahee wasn't the only Raven who sustained a concussion during the AFC Championship game. (12) Cornerback Corey Ivy suffered one from a crackback block (13) from wideout Limas Sweed, (14) and Daren Stone sustained one during the opening kickoff after colliding with Steelers' Carey Davis. (15) In contrast to McGahee however, Stone was allowed to return to the game by team officials and coaches. (16) For every concussion we see occurring at the professional sports level, there are tens of thousands of injuries at the high school level and below, said Dr. Mickey Collins, the Assistant Director of the Sports Medicine Concussion Program at the University of Pittsburgh Medical Center. (17) In 2007 alone, three high school athletes died while sustaining head injuries in football. (18) On September 18, 2008, sixteen year old linebacker, Ryne Dougherty, sustained a concussion during football practice. (19) After a normal CT scan and sitting out for the mandated period, he returned to the field, only to collapse and die after sustaining a brain hemorrhage. (20) This problem is prevalent throughout our nation's athletic institutions. Since 1945, there have been 510 head and spine fatalities while playing football. (21) Veteran sports agent Leigh Steinberg warned that collegiate athletes are younger, meaning there are players who are 17 and 18 whose brains are still in formation. The potential damage to a younger brain could be devastating. (22) This concern runs an even greater risk for those competing in high school and youth sports. The Center for Disease Control estimates a minimum of 96,000 children aged 5 to 18 experience sports-related concussions annually in the United States. …