Concussion lawsuit seeks to force rule changes in football
)
Agroup of football parents and players filed a class-action lawsuit on August 27 against FIFA, the sport's international governing body, over its handling of concussions. Filed in United States District Court in California, the suit also names American football organisations, including US Soccer and the American Youth Soccer Organization, charging that they and FIFA have been negligent in monitoring and treating head injuries.
The plaintiffs do not seek financial damages but ask for changes to the sport's rules, such as limiting headers for children and altering FIFA's substitution protocols. With the National Football League, the National Hockey League and the National Collegiate Athletic Association involved in concussion litigation, soccer's governing bodies are the latest to face a lawsuit over head injuries.
"There is an epidemic of concussion injuries in football at all levels around the world, including in the United States, from youth to professionals, from elite players to children playing for the first time, women and men, girls and boys," the filing reads. "FIFA presides over this epidemic and is one of its primary causes."
The suit seeks an injunction that would change the way football is played at all levels. Children under 17 would be limited in how many times they could head the ball. The suit also seeks to require professional and other advanced leagues, which are currently limited to three substitutions a game, to allow temporary substitutions while a player is examined for a head injury. Medical testing would also be available for football players who competed as long ago as 2002 and are now coping with the effects of concussions.
A FIFA spokesman said the organisation had no comment because it was unaware of the suit as of late Wednesday morning.
According to legal experts, the crux of the case could be a matter of jurisdiction. While FIFA is based in Zurich, the plaintiffs' lawyer, Steve Berman, contends the organisation is vulnerable to a suit in the United States because many American leagues are affiliated with FIFA and its Laws of the Game are cited by nearly every football organisation. FIFA posts guidelines about preventing and treating concussions, but it does not have rules regarding their treatment.
"There are going to be questions about standing, jurisdiction and venue and if these are the right plaintiffs and the right defendants," said Gabe Feldman, the director of Tulane Law School's sports law program. "Parents and children who are playing football are playing by the rules set forth for the most part by FIFA. Whether that leads to legal liability is another question."
Berman, who also represents players in a concussion suit against the NCAA, said "Every US organisation follows the Laws of the Game. If FIFA made the Laws of the Game different, they would be different at every level."
"These rules need to be changed to protect the children, but I don't think they're going to be successful in this particular route to do it," said Michael Kaplen, a professor at the George Washington University Law School who specialises in issues involving traumatic brain injuries. "I don't think the court is empowered to provide this injunction because none of the plaintiffs have alleged a specific injury. The case they are trying to make is about medical issues they might have in the future."
According to the filing, nearly 50,000 high school football players sustained concussions in 2010 - more players than in baseball, basketball, softball and wrestling combined. The recent World Cup in Brazil had several high-profile incidents involving head injuries, which Berman said had helped galvanise the case. In a semifinal match, Javier Mascherano of Argentina banged his head against a Dutch player and was on the sideline for only two minutes before returning to action (medical research suggests six or seven minutes are necessary to provide a full neurological test). Christoph Kramer of Germany sustained a blow to the head in the final against Argentina and was allowed to continue playing for about 15 minutes in a dazed state before he was helped off the field.
FIFA and the other defendants have 60 days to respond to the filed complaint, after which a judge will decide if the case may go forward.
© 2014 The New York Times
The plaintiffs do not seek financial damages but ask for changes to the sport's rules, such as limiting headers for children and altering FIFA's substitution protocols. With the National Football League, the National Hockey League and the National Collegiate Athletic Association involved in concussion litigation, soccer's governing bodies are the latest to face a lawsuit over head injuries.
"There is an epidemic of concussion injuries in football at all levels around the world, including in the United States, from youth to professionals, from elite players to children playing for the first time, women and men, girls and boys," the filing reads. "FIFA presides over this epidemic and is one of its primary causes."
The suit seeks an injunction that would change the way football is played at all levels. Children under 17 would be limited in how many times they could head the ball. The suit also seeks to require professional and other advanced leagues, which are currently limited to three substitutions a game, to allow temporary substitutions while a player is examined for a head injury. Medical testing would also be available for football players who competed as long ago as 2002 and are now coping with the effects of concussions.
A FIFA spokesman said the organisation had no comment because it was unaware of the suit as of late Wednesday morning.
According to legal experts, the crux of the case could be a matter of jurisdiction. While FIFA is based in Zurich, the plaintiffs' lawyer, Steve Berman, contends the organisation is vulnerable to a suit in the United States because many American leagues are affiliated with FIFA and its Laws of the Game are cited by nearly every football organisation. FIFA posts guidelines about preventing and treating concussions, but it does not have rules regarding their treatment.
"There are going to be questions about standing, jurisdiction and venue and if these are the right plaintiffs and the right defendants," said Gabe Feldman, the director of Tulane Law School's sports law program. "Parents and children who are playing football are playing by the rules set forth for the most part by FIFA. Whether that leads to legal liability is another question."
Berman, who also represents players in a concussion suit against the NCAA, said "Every US organisation follows the Laws of the Game. If FIFA made the Laws of the Game different, they would be different at every level."
"These rules need to be changed to protect the children, but I don't think they're going to be successful in this particular route to do it," said Michael Kaplen, a professor at the George Washington University Law School who specialises in issues involving traumatic brain injuries. "I don't think the court is empowered to provide this injunction because none of the plaintiffs have alleged a specific injury. The case they are trying to make is about medical issues they might have in the future."
According to the filing, nearly 50,000 high school football players sustained concussions in 2010 - more players than in baseball, basketball, softball and wrestling combined. The recent World Cup in Brazil had several high-profile incidents involving head injuries, which Berman said had helped galvanise the case. In a semifinal match, Javier Mascherano of Argentina banged his head against a Dutch player and was on the sideline for only two minutes before returning to action (medical research suggests six or seven minutes are necessary to provide a full neurological test). Christoph Kramer of Germany sustained a blow to the head in the final against Argentina and was allowed to continue playing for about 15 minutes in a dazed state before he was helped off the field.
FIFA and the other defendants have 60 days to respond to the filed complaint, after which a judge will decide if the case may go forward.
© 2014 The New York Times
Don't miss the most important news and views of the day. Get them on our Telegram channel
First Published: Aug 30 2014 | 12:05 AM IST