Catastrophic Sports Injury Defense
Montgomery McCracken’s Catastrophic Sports Injury Defense Practice has a national reputation for its successful representations of colleges, universities, and health care professionals in high-exposure sports-injury cases. We have achieved favorable results time and again for our clients in such matters, including in landmark traumatic brain injury (TBI) cases and other high-profile sports-injury matters.
We have a long-standing national reputation for our successful representations of colleges, universities, high schools, athletic trainers, coaches, health care professionals, and sports associations in catastrophic sports-injury matters arising out of alleged premature return-to-play decisions and other negligence and product liability theories in the sports context. These include a number of nationally-publicized concussion, chronic traumatic encephalopathy (CTE), and other TBI cases against Division I and other NCAA member colleges and universities, high schools, and school personnel. Many of these lawsuits involve catastrophically-injured football or soccer players, athletes who allegedly sustained prior concussions or who have Second Impact Syndrome, players diagnosed with CTE, or athletes who suffered other injuries, such as heat stroke. We have achieved dismissals and favorable settlements in many such matters.
An important component of Montgomery McCracken’s Practice is our counseling of school officials and attorneys, risk managers, athletic departments and their staff, and health care professionals on institutional liability issues concerning sport-related concussions, Second Impact Syndrome, and other sport-related injuries, as well as conducting concussion policy “audits.” We work closely with our clients to help ensure that they are meeting the standard of care in the ever-evolving field of concussion management and minimizing the risk of liability in areas that have become a hotbed for litigation.
Our Catastrophic Sports Injury Defense Practice regularly presents to national audiences on legal matters concerning the proper management of sport-related concussions and other sport-related injuries and we are regularly quoted by national media because of our vast experience in the concussion, CTE, and sports injury spaces.
- Represent Ivy League university in case involving death of former football player who allegedly suffered from CTE
- Represent head athletic trainer for Big Ten football program in case involving death of student-athlete football player who died from heat stroke allegedly caused by endurance exercises during team practice
- Represent New Jersey high school in case involving former wrestler who allegedly suffered permanent neurological damage from premature return to play following concussion
- Represent Big Ten university, athletic trainer, and team physician in case involving former soccer player who allegedly suffered significant post-concussion syndrome and cognitive impairment from premature return to play following multiple concussions
- Represent Ohio high school in case involving alleged traumatic brain injury to student arising from fall from scaffold
- Represent national soccer organization in class action involving claims that organization failed to mandate and enforce use of protective headgear for youth girl soccer players to prevent or reduce concussive symptoms or injuries
- Represent Maryland-based university, head coach, and athletic trainer in case involving death of former football player who allegedly sustained second-impact syndrome
- Represent Florida high school in case involving former soccer player who allegedly suffered permanent neurological damage
- Represent Ohio religious school in case involving student who allegedly sustained a traumatic brain injury after being struck in head with golf club
- Represented Illinois university in case involving claims against NCAA and helmet manufacturer by former football player who allegedly suffered concussion and subconcussion-related disorders that evolved into symptoms consistent with CTE
- Represented international sports association in class action brought by soccer players claiming damages from concussions and subconcussive injuries. Obtained dismissal on jurisdictional grounds
- Represented New Jersey high school and coaches in case involving alleged negligence resulting in catastrophic football-related injury. Case settled on favorable terms
- Represented Washington school district in case involving alleged premature return to play of football player and resultant traumatic brain damage. Case settled on favorable terms
- Represented Philadelphia-based university, head athletic trainer, and nurse practitioner in landmark concussion case involving catastrophically-injured football player who allegedly sustained second-impact syndrome. Settled case on favorable terms on eve of trial
“CTE Diagnosis” Debuts in Women’s Sports: Heather Anderson Becomes the First Female Professional Athlete to be Diagnosed with Chronic Traumatic Encephalopathy
By: Dylan F. Henry, Esq and Tara Hessenthaler, J.D. Candidate Researchers claim that they have made the first Chronic Traumatic Encephalopathy (CTE) diagnosis in a female professional athlete. A report […]
Highly Anticipated Concussion Consensus Statement Released
By: Dylan F. Henry, Esq., Kimberly L. Sachs, Esq., and Tara Hessenthaler, J.D. Candidate The Game Plan Background On June 15, 2023, the Concussion in Sport Group (“CISG” or the […]
No ATs? Huge Problem: Shocking Number of Public High Schools Don’t Have Medical Providers to Protect Student Athletes
Highlighting the risks faced by high school athletes across the country, a 2020 Spotlight on America report by the Korey Stinger Institute, University of Connecticut, and the National Athletic Trainers’ […]
First Jury Verdict in Football-Brain Disease Case Upheld by the Pennsylvania Supreme Court
On September 1, 2021, the Supreme Court of Pennsylvania rejected Matthew Onyshko’s Petition for Allowance of Appeal to revive his lawsuit against the NCAA. In 2014, Onyshko, a former linebacker […]