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2023-2024 Sports Medicine and the Law 1 (2023-2024)

handle is hein.hackboth/sptsmdlw2023 and id is 1 raw text is: Spring 2023 SPORTS MEDICINE and the LAW Arizona Appellate Court Sides with School District in Case Involving Concussion-Related Death By Gina McKlveen, Esq. n Arizona appellate court has sided with a school district in a case in which it was sued by the parents of a high school football player, who's son suffered a concussion and subsequently died. Prior to the 2017 high school football season, Glendale Union High School District (school district) implemented an Emergency Action Plan which laid out the following actions to take place when a medical emergency occurred: (1) call 911, (2) use an Automatic External Defibrillator (AED) if the injured per- son is unresponsive and not breathing, (3) designate a 911 Team, (4) set out an entrance for the ambulance, and (5) instruct the athletic director/trainer on how to operate the AED. In 2016, the high school football player (C.S.) suffered a concussion that caused his parents to purchase a new helmet for him to wear in the 2017 season. While wearing the new helmet during a football game on October 20, 2017, C.S. suffered another serious head injury that caused him to collapse and undergo a seizure on the field. Despite the school district following its Emergency Action Plan, See ARIZONA on Page 8 Court of Appeals Reverses Finding for Stetson, Concludes Release Signed by Deceased Football Player Was Not 'Clear and Unambiguous' By Elizabeth Bulat Stetson University football student- athlete, Nicholas Blakely, collapsed at a football practice on August 28, 2017, which resulted in his cardiac death. His family subsequently sued Stetson. Initially, the trial court granted sum- mary judgment for Stetson University upon discovering two identical releases that Blakely had signed before his athletic participation at the school. In addition, the trial court also granted the family's motion for leave to amend the complaint for punitive damages. However, the family appealed the trial court's grant of sum- mary judgment . On appeal, the family raised two argu- ments. First, that [t]he language in the releases was insufficient to be enforce- able as a matter of law... [and second,] that genuine issues of material fact exist concerning the scope of the release and whether Stetson's alleged tortious conduct fell within that scope. These arguments were considered by See COURT on Page 9 Arizona Appellate Court Sides with School District in Case Involving Concussion- Related Death 1 Court of Appeals Reverses Finding for Stetson, Concludes Release Signed by Deceased Football Player Was Not 'Clear and Unambiguous' 1 Availability of recreational cannabis reduced demand for prescription codeine 2 Dismissal of Cheerleader's Complaint Against a Texas High School Becomes a Reminder Not to Jump to Constitutional Conclusions 3 Study Could Change Assumptions About Helmet Safety 4 Heptathlete Files Lawsuit Against USA Track & Field after Collapsing at Event 5 Settlement Reached in Concussion Case Involving Berkeley Cheerleader 5 New Mexico Takes Crucial Step Toward Improved Student-Athlete Safety with Passage of SB 450 6 Head and Neck Injuries, Severity of Sports Injuries Increasing in High School Athletes 7