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NCAA Facing Four More Wrongful Death Lawsuits

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NCAA Problem Continues

Four different families on Monday (August 27, 2018) filed wrongful death lawsuits against the NCAA. The suits alleged that concussions suffered while playing football led to brain disease and then to premature deaths. The families join a growing effort to hold the NCAA accountable.

The new suits have been filed by the widows of former San Diego State linebacker Jeff Staggs (1965-66) and UCLA and Long Beach State running back Rodney Stensrud (1969-73) and the mother of former USC fullback Doug MacKenzie (1977-81). They joined Cullen Finnerty’s widow Jennifer in the filings. With each subsequent suit like these today against the NCAA, CTE is too big to ignore. The four suits add to a growing list of issues.

A 2013 autopsy on Finnerty revealed chronic traumatic encephalopathy (CTE) found in many ex-football players. A further study of Finnerty’s brain took place at Boston University’s Center for the Study of Traumatic Encephalopathy. The Center’s study determined moderate CTE but that it was highly unlikely the disease alone caused his death.

The lawsuits filed this week force the NCAA into a position much like the NFL. There is no pretending any longer that football and concussions don’t go together. The ever-growing legal threats are forcing the NCAA into a corner.

The gist of the Finnerty’s lawsuit is hitting the proverbial nail on the head.

“For decades, the NCAA has been aware — through its own institutional knowledge, medical science, and news articles about former football players — that severe head impacts can lead to long-term brain injury, including memory loss, dementia, depression, and CTE,” the lawsuit says. “Unfortunately, while the NCAA knew about the harmful and devastating effects of these subconcussive and concussive injuries, it recklessly ignored these facts and failed to implement reasonable concussion management protocols to protect its athletes, including Cullen Finnerty.”

What is CTE

CTE is a neurodegenerative disease that can lead to dementia, memory loss and depression. CTE is a progressive disease associated with repeated head trauma. Long known to occur in boxers, it was not discovered in football players until 2005. The NFL began studying what they called Mild Traumatic Brain Injury in 1994. The NFL eventually disbanded the committee and is now paying the price.

CTE came to the forefront following Junior Seau’s 2012 suicide. The NFL Hall of Famer’s brain was sent to the renowned National Institute of Health (NIH). In May of 2013, the NIH released a concussion study. It concluded that more than 1,000,000 concussions occur yearly. Of those, half occurred in children “often when playing organized sports such as football and soccer.”

Time For Accountability

In March 25, 2018 New York Daily News writer Evan Grossman reported “hundreds of former players suing the NCAA and several major conferences.” Their argument is simple: the NCAA has known about the dangers of head injuries in football for decades and has done little to protect athletes.

Established in 1906, the NCAA has a two-fold purpose. The NCAA is responsible for protecting student-athletes and making football safer. Now, one hundred and twelve years later, the NCAA is being called to task.

Dorothy Mackenzie Scott’s suit on behalf of her son left little doubt as to its intentions.

“Our family has filed this lawsuit against the NCAA to make a difference,” MacKenzie’s mother, Dorothy MacKenzie-Schmidt, said in a statement. “Too many football players have gone on to develop brain disease, including my son Doug, and the time for change has come. We want football to be as safe as it can be, and we want student-athletes to be aware of the terrible consequences that concussions early on can have throughout their lives.”

Conclusion

Much like the NFL, the NCAA acknowledges the problem but not their culpability. Now it is coming to a point where they must admit wrongdoing and pay the piper. Football is a violent and terrifying sport where bodies crash together at reckless speeds. Shake and break will not go away but what we learn can help minimize it. Players realize there is a danger but until recently not the extent of the injuries.

CTE is a deadly fact of life. It cannot be studied until families are in the throes of grief and mourning. Making football safer and protecting the student-athlete is the role of the NCAA. Monday’s lawsuits is another step in holding the NCAA accountable.

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