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NCAA Concussion Liability

NCAA Concussion Liability

More than 300 lawsuits from former college football players have been brought against the NCAA that accuse the NCAA of mistreating their concussions. The results of these concussions were medical problems, from headaches, to depression, to early onset Alzheimer’s or Parkinson’s.

Cases started rolling in against the NCAA in 2016. The problem is not so much proving that the players were injured, it is proving that the NCAA is at fault. As the director of Tulane University’s sports law program, Gabe Feldman, observed: “These are very difficult cases. They’re difficult because in many of the cases the plaintiff is clearly suffering and the plaintiff has clearly suffered harm. But the challenge is proving that the NCAA, the member institution or the conference or some combination caused that harm and has some legal duty to the plaintiff and breached that duty. Each factor of the analysis could be difficult for the plaintiff to prove.”

The NCAA appears unperturbed. As the NCAA’s chief legal officer, Donald Remy, retorted: “These copycat complaints are full of misleading and inaccurate declarations like the previously filed similar lawsuits and public statements made by the small group of lawyers submitting these claims. More lawsuits do not change our resolve and will not impact the NCAA’s commitment to student-athlete safety. The NCAA looks forward to correcting the factual and legal record.”