Case details

Freshman football player: Coaches failed to recognize brain injury

SUMMARY

$7125000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, cognition, concussion, head, internal bleeding, mental, psychological, subdural hematoma, subdural hematommental, traumatic brain injury
FACTS
On Oct. 17, 2013, plaintiff Rashaun Council, 13, a freshman student at Monte Vista High School, in Spring Valley, where he was a star running and defensive back, was playing in a freshman football game against Mount Miguel High School when he sustained a head injury. He started feeling sick, but, despite how he was feeling, he finished the game on the field. After the game, Rashaun complained of a headache and vomited in the locker room. He used a coach’s cell phone to call his mother, Jocelle Apilado, who, in turn, called Rashaun’s father, Terry Council, who was on the property. After getting off the phone, Rashaun’s father came up to the locker room and decided to take Rashaun to the hospital. However, Rashaun collapsed, off campus, while in a private vehicle with his father. Terry Council, acting individually and as his son’s guardian ad litem, and Apilado, acting individually, sued the operator of the high school, Grossmont Union High School District (which was initially erroneously sued as both Grossmont Union High School District and Monte Vista High School), and the makers of the helmet that Rashaun wore during the football game, Riddell Inc. and Riddell Sports Group Inc. BRG Sports Inc. and Schutt Sports Manufacturing Co. were initially listed as defendants, as they were thought to be makers of the helmet, but were later discovered not to be the manufacturers and were dismissed from the case. In addition, Riddell Inc. and Riddell Sports Group were let out of the case early on after reaching a confidential settlement with Rashaun. Plaintiffs’ counsel asserted that Grossmont Union High School District’s coaches were negligent in failing to identify that Rashaun had been injured during the game and in allowing Rashaun to continue to play after being injured. Counsel also asserted that the coaches were negligent in failing to provide immediate medical treatment, thereby causing a delay in diagnosis and treatment. Plaintiffs’ counsel further contended that none of the freshman coaches on the 2013 Monte Vista football team had completed the state-mandated concussion training because of a loophole that allowed them two years to complete it. In addition, counsel contended that although medical staff, including an on-site ambulance, was reserved for junior varsity and varsity games at the high school, there was no medical personnel provided for the freshman games. The school district’s counsel contended that Rashaun was conversant, answering questions and completely coherent until he was turned over to his father. Counsel also contended that Rashaun and his parents were aware of the fact that football is a dangerous activity and that Rashaun’s parents had signed a waiver acknowledging that fact and agreeing to release the school from any responsibility for any injury that Rashaun may sustain. The coaches all claimed that at no time during the game did anyone bring to their attention anything about Rashaun being injured. They also claimed that there were no signs or indications that Rashaun sustained any during the game and that following the game, when Rashaun for the first time complained of a headache, the head coach administered a concussion protocol test, which Rashaun passed. The head coach then lent Rashaun his cell phone, and defense counsel noted that Rashaun was able to remember and dial his mom’s phone number to have his parents come pick him up. According to defense counsel, the head coach completed his concussion protocol training only three days before the alleged incident and that other coaches were also trained. Counsel also noted that medical personnel and an ambulance are on-site for varsity playoff games, as required by the California Interscholastic Federation, but that there is no requirement that there be any such medical personnel or ambulance at freshman games. However, defense counsel contended that the certified athletic trainer was present during the entire game and confirmed, at the end of the game, that all players, including Rashaun, were uninjured and did not require assistance, as all players, including Rashaun, denied requiring her services. In addition, defense counsel asserted that the coaches immediately and appropriately responded to Rashaun’s symptoms and promptly summoned Rashaun’s parents. Counsel also asserted that calling 911 would have taken longer to get Rashaun to the hospital and that there was no evidence of any delay in treatment. Counsel asserted that, regardless, Rashaun’s parents made the decision to transport their son to the hospital rather than wait for an ambulance. Thus, defense counsel asserted that nothing the coaches did or did not do caused or could have prevented Rashaun’s condition., Rashaun claimed that he suffered a concussion and a subdural hematoma. As a result, he underwent immediate treatment in the form of emergency surgery at the hospital, as his brain had allegedly already started to swell. Rashaun was later placed in a medically induced coma and spent the next several months at Rady Children’s Hospital-San Diego, in Encinitas. However, he claimed he never fully recovered. After taking a year off for treatment, Rashaun, who was 19 years old at the time of settlement, was preparing to graduate from Clairemont High School in San Diego, which has a program for traumatic brain injury survivors. Prior to the , Rashaun was an honor student and a two-sport player in track and football. However, plaintiffs’ counsel contended that as a result of Rashaun’s head , Rashaun will likely never be able to drive, live by himself or pursue the career of his dreams due to confusion and forgetfulness caused by the injury. Counsel also contended that Rashaun will likely require some aspects of medical care and treatment for the rest of his life. Defense counsel contended that multiple experts reviewed the videotapes of the subject football game and opined that there was no evidence that Rashaun’s condition occurred as a result of anything during that game. Thus, defense counsel asserted that Rashaun suffered a rare, life-threatening brain injury as a result of torn bridging veins, and not a concussion. Defense counsel further asserted that Rashaun will be able to graduate from college, become employed and live independently.
COURT
Superior Court of San Diego County, San Diego, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case