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2023 Concussion Defense Reporter 1 (2023)

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SPRING  2023


CONCUSSION DEFENSE


Facing Down a CTE Lawsuit, NCAA

Emerges Successful While Finnerty

Family Seeks Closure


REPORTER


By Gina McKlveen


L   ast month, after a three-week trial a
    jury returned averdict in favor of the
National Collegiate Athletic Association
(NCAA) in a case involving the tragic
death of a former college football star,
Cullen Finnerty.
  As the former quarterback at Grand
Valley State (GVS) in the early 2000s,
Finnerty was a standout player. He was
named the 2003 Rookie of the Year and
later led GVS to win three NCAA Divi-
sion II National Championships before
he was signed by the Baltimore Ravens
as an undrafted free agent.
  In May  2013, the former football


player returned to his home state of
Michigan for a familyvacation. While out
fishing, Finnerty went missing. Two days
later, his body was discovered face down
in the woods with no sign of trauma. An
autopsy revealed the cause of death to be
pneumonia after he presumably inhaled
his own vomit. Further investigation into
Finnerty's death determined that he likely
become disoriented while out on thewater
perhaps due in part to chronic traumatic
encephalopathy, also known as CTE,
a degenerative brain disease caused by
repeated blows to the head and concus-
sions, which are common occurrences
               See NCAA on page 8


Jury Awards $1 and Legal Fees to

Gwyneth Paltrow - A Concussion Case

that Lacked Merit from the Start


L   ast month's news that a Utah jury
    sided with Gwyneth Paltrow in a civil
trial involving a 2016 ski crash in which
she collided with another skier led us to
reflect on an article written in 2022 for
Sports Litigation Alert by Professor James
Moss, an expert in such things.
  But first, the statements.
  Paltrow: I felt that acquiescing to a
false claim compromised my integrity.
I am pleased with the outcome and I
appreciate all of the hard work of Judge
Holmberg and the jury, and thank them
for their thoughtfulness in handling this
case.


  Paltrow's attorney, Steve Owens:
We  are pleased with this unanimous
outcome and appreciate the judge and
jury's thoughtful handling of the case.
Gwyneth has a history of advocating for
what she believes in -- this situation was
no different and she will continue to stand
up for what is right.
  The colorful article written by Moss,
focusing on a Utah court's ruling, fol-
lows below:
  In what has turned into a simple skier
v. skier collision case, a Utah court has


See PALTROW on page 9


Facing Down a CTE
Lawsuit, NCAA Emerges
Successful While Finnerty
Family Seeks Closure

Jury Awards $1 and Legal
Fees to Gwyneth Paltrow
- A Concussion Case that
Lacked Merit from the Start


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Parents Showing
Major Concerns about
Concussions in Youth
Sports, According to New Study 2


Court Grants Summary
Judgment Ruling in Favor
of High School for Athlete
Who Suffered Concussion
Cross-Country Race

As Legal Action Brews,
AFL Releases Updated
Concussion Guidelines and
Strategic Plan

British Equestrian Issues
Industry Guidance on
Concussion

Head Trauma Doesn't
Predict Memory Problems
in NFL Retirees, UT
Southwestern Study Shows


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