The Athlete's Lawyer

As a high school wrestler and the father of an All-Prep wrestler, the recent conclusion of a paralyzed high school grappler’s personal injury case was of special interest to me and the rest of the trial team at Abrams Landau, Ltd.
The Seattle Post-Intelligencer, reported that the Seattle Public Schools have agreed to pay $15 million to settle a lawsuit filed by a former high school wrestler who was paralyzed during a practice session. According to an attorney for Mac Clay, coaches failed to use proper safety procedures and were not properly certified by the Washington Interscholastic Activities Association. At the time of the incident, Clay, who now uses a wheelchair, was a three sport standout at West Seattle High School.

Mac Clay, then a senior, was at wrestling practice in the school cafeteria when he was driven backward into two wrestlers going in the opposite direction. The accident left him with limited use of his arms and no movement in his fingers and triceps. At the time, 13 wrestling team members were practicing using one mat on the concrete floor, although there were extra mats nearby. “They didn’t follow the normal safety rules,” said one of Clay’s lawyers. “The coaches weren’t certified and hadn’t attended safety classes required” by the Washington Interscholastic Activities Association. The settlement payment is covered by the school district’s insurance carrier, but had it been more than $15 million, the difference would have come directly from the district.

“Variety is the spice of life,” and a little spice can really add some zest to a meal, however, too often I have seen athletes try something new or spicey right before a major competition, only to regret it later.  “Go with what you know” when it comes to pre-race nutrition and hydration.  Do not experiment on the race course and expect to have a personal record.  Save experimentation for training days when you know what your digestive system can and cannot handle under the stress of intense exercise.

I have been a big fan of “Generous George’s Positive Pizza Place” (where “Everything Spicey is Nicey“) for over 28 years and am delighted that they have opened a restaurant serving their signature “pastas on a pie,”  We used to have our Old Town Alexandria office staff meetings at the original restaurant on Duke Street.  WHile we all enjoyed their pasta on a pie, pizza and salads, I would save such scrumptious fare for AFTER the race.

Shown here after an ABRAMS LANDAU staff meeting at the new Generous George’s Positive Pizza Place in Herndon (703-793-3338) are, L-R, Beatrice Vargas, Dianna Meredith, Lauren Holtzman and Doug Landau.

Soccer is a contact sport.  Just because soccer players wear less padding than America footballers, there is still plenty of physical contact in any high-level match.  Shin to shin and other leg injuries are common.  The Soccer Injuries FAQ notes that: “Other than contusions, injuries to the upper body in soccer are less common. The collisions in the sport will occasionally cause a shoulder separation, which is damage to the acromioclavical (AC) joint, the connection between the shoulder blade and the collarbone. Soccer goalies are more exposed to shoulder injury as a result of diving across the crease to make saves and striking the goal post.

Head injuries may occasionally arise due to collisions with opponents—concussion and damage to the player’s teeth are the greatest risk. Many players wear mouth guards to protect their teeth, which has the additional benefit of reducing the effect of concussions by keeping the tempomandibular joint (TMJ) from being driven upward into the skull. Since the mid-1990s, there has been controversy in the international sports science community as to whether the repeated heading of a soccer ball will cause damage to the brain or to the muscles and structure of the neck. Various studies initiated by soccer nations have not yet resolved this question.”

[Senior Goal Keeper Danielle Landau lays on the field during the ISL Tournament after being kicked in the neck making a save at the Bullis School in her final high school soccer match.  She was put in a neck brace and did not return to the field.]

James Hilaire of the Stamford Times reported that former Stamford High School soccer player James Hilaire, a senior goalkeeper at the University of New Haven, suffered a broken jaw and a serious head injury during a game at Merrimack College.  Hilaire went out in front of the UNH goal, hoping to grab a loose ball before a charging Merrimack player got there. As both players made a move for the ball the opposing player’s knee slammed into Hilaire’s head. Hilaire, who suffered serious head trauma on the play, later underwent surgery to repair his broken jaw.

At least one report referred to these injuries as “life-threatening.” Hilaire was a patient at the Surgical Intensive Care Unit at the Boston Medical Center where he was listed in critical condition.  He was eventually discharged to begin the next phase of his recovery – rehabilitation – on Oct. 16 at Gaylord Hospital in Wallingford, according to the Stamford Advocate.  The Goalie was talking clearly, or at least the best he can communicate when he returned to the campus a week and a half later.  He reportedly still has some physical deficiencies on his right side, from his shoulder on down to his leg.  It is anticipated that this young athlete will get back to 100 percent.  We are glad that he is making progress and hope that he makes a full recovery.  As the father of a goal keeper, who has seen his own daughter taken from the field with a neck injury and also after getting kneed in the gut, I can empathize with the Hilaire’s family, friends and teammates.

The posts on fatalities in Triathlon, after I was contacted by a national triathlon magazine, drew a lot of very good and provocative comments, which I have set forth below:
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Roger Brockenbrough said: FYI, although intersections are usually monitored and controlled, most race courses (bike leg in particular) are NOT closed to traffic.
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Trip Garner said: What are you guys seeing as the leading cause of these deaths?
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Dr. Eric Tondera said: I don’t know if it was reported but a 39 year old male died last year at the Cinco Ranch Triathlon race. He had completed the swim and bike but had a massive heart attack during the first quarter mile of the run. Yes, this is tragic and hopefully will not happen. However, we do know that things like this will occur and thank God it happens very rarely as your article indicates. Thanks for allowing me to comment. Eric.
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Steve said: Interesting Article Read the rest of this entry »

Rebekah Keat, the Australian Ironman champion, and triathlete Mike Vine are joined by pro cyclist Amber Neben, in their lawsuit alleging tainted Hammer Nutrition supplements caused positive tests. Hammer President calls the lawsuit “baseless” and is contemplating a suit for libel and slander. As reported in Triathlete Magazine, the case, filed this February, against Hammer Nutrition, LTD., alleges that the company’s Endurolyte supplement contained banned substances that resulted in positive doping test results.

The suit, filed by California lawyer Howard Jacobs in Orange County Superior Court, seeks financial reparations for potential lost income due to their individual suspensions, as well as lost sponsorship opportunities, after each athlete used Endurolytes, which allegedly contained trace elements of the steroid precursor norandrostenedione, a banned substance under WADA code. Read the rest of this entry »

In the case of Kahn v. East Side Union High School District (2002) 2002 Cal. App. Lexis 2204), a 14 year old high school freshman swimmer, was fearful of diving into the shallow portion of a pool, as she had not received any previous instructions on how to dive in competition. Furthermore, she had been allowed to swim the first leg in relay races where she could start in the pool and did not have to dive. Read the rest of this entry »

Rebekah Keat alleges she had a positive drug test due to supplements manufactured by a major product manufacturer according to her interview in Slowtwitch.

The 29-year-old filed a lawsuit against Hammer Nutrition in California, alleging her positive drug test in 2004 was caused by the use of the company’s supplements which were contaminated with the steroid precursor norandrostenedione. Despite an appeal hearing, where the Court Arbitration for Sport (CAS) accepted the result was due to supplement contamination, the Australian was suspended for two years by Triathlon Australia, Australia’s triathlon governing body. With the ban served, Keat returned to competition in 2007, winning Ironman Australia and earning a sixth-place finish at the Hawaii Ironman in October.
Keat said the legal action was part of the vindication process and not about the money. “The pain Read the rest of this entry »

A middle aged man went swimming with his family in upstate New York.  While swimming in the public pool, the plaintiff became physically distressed and struggled to remain afloat. The pool’s lifeguard was off duty and swimming.  The lifeguard did not notice this swimmer until he had sunk to the bottom of the pool, after which he could not be resuscitated.  The swimmer’s family alleged that the pool didn’t properly hire, supervise and train its lifeguards. The pool’s defense lawyers contended that the drowning was a result of a cardiac incident.  The jury found that the pool was liable, that there was negligent hiring and awarded the family $500,000 in the case of Estate of Snipe v. Village of Ellenville

In a case handled by Doug Landau, a goalie for an adult embassy soccer club was kicked in the face and had his jaw broken by an opposing player. While injuries during contact sports are not unusual, what made this case different is the fact that the offensive forward who struck the keeper did so after the goalie had possession of the ball AND he was not a member of the opposing team or even the league. In other words, as Reston Herndon sports injury lawyer Doug Landau told the Court, “The Winger was a “Ringer.”

At the beginning of the match, the referees had simply counted the player cards and the bodies on the field. They failed to match the league issued ID cards to the faces on the pitch. So, the opposing team was able to bring a “hit man” on to the field in order to injure and “take out” players from the Abrams Landau client’s side with impunity. Knowing this, the Defendant soccer player ran right at the goalie in possession inside the box and kicked him in the head. This “Ringer” could not be fined, suspended or kicked out of the league, because he was not a member to begin with !

If you or someone you know has been injured due to the illegal or reckless conduct of someone at a sports event or during competition, call a member of the Abrams Landau team. There are strict time deadlines, and meritorious cases can be lost because too my time has passed. For example, while most personal injury cases in Virginia have a 2 year time period in which to be filed in court, intentionally caused injuries may only have half that amount of time. So, filing an intentionally caused sports injury case 18 months after the incident may be too late.