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Also on the trial lawyer's agenda, college football injuries?

The chairman of the American Association for Justice's Brain Injury Litigation Group, Chicago attorney Gordon Johnson, has already deduced that now-fired Texas Tech football coach Mike Leach was at fault in the handling of a player who had suffered a concussion. From Johnson's blog: [UPDATE: Fixed link]:

Today after hearing more details and the misdirection and spin of his defenders, I think the man should be fired. Concussions are to be taken seriously and anyone who wants to abuse a concussion survivor by attacking such person's character needs to pay the consequences. Leach needs to be made an example of.

Maybe. Or maybe not. A serious issue, to be sure.

Traumatic brain injuries are a frequent topic for the AAJ, and at the association's winter convention in Maui a CLE program is featured, "Medical Negligence and Closed Head Injuries" (page 2 of the brochure). Topics include "Demonstrative Evidence Techniques in Failure to Diagnose Cases," and "Maximizing Damages: Getting Your TBI Clients an Adequate Recovery." Like soft-tissue injuries, some brain injuries like concussions and infant injuries can be hard to diagnose or quantify, so you can see why the trial lawyers would want to sharpen their game -- or elevate an incident in college sports into a cause celebre.

UPDATE (Jan. 2): Chairman John Conyers (D-MI) of the House Judiciary Committee quickly jumps in, scheduling a committee field hearing Monday, Jan. 4, in Detroit, "Legal Issues Relating to Football Head Injuries, Part II."

Also, Coach Leach did interviews on ESPN and the New York Times, denying he mistreated the player in question.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.