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Traumatic Brain Injury, also known as a closed head injury or TBI, can drastically affect the lives of everyone involved. In many cases, these brain injuries leave their victims permanently disabled and in need of months or years of rehabilitation, and may even result in wrongful death. All too often in the sports arena, a star athlete suffers a head injury but returns to the field or the court too quickly. Soon thereafter, whether it is later in that game or a subsequent game, the athlete collapses and is diagnosed with a head injury. All too often, however, Second Impact Syndrome (SIS) is overlooked by the family, coaches and athletic trainers as a potential cause of the resulting symptoms.
What is Second Impact Syndrome?
SIS occurs when an athlete returns to his or her sport too early after suffering an initial concussion or head trauma. The athlete does not need to receive a devastating second blow to the head to set the effects in motion. In fact, the athlete may receive only a minor blow to the head or a hit to the chest or upper back that snaps head enough to have the brain rebound inside the skull.
Because the brain is more vulnerable and susceptible to injury after an initial trauma, only a minimal force can sometimes cause irreversible damage. The brain's ability to monitor the amount of blood flow to the brain is compromised resulting in decreased cerebral blood volume leading to brain stem herniation and sometimes even death.
Unfortunately, the incidences of SIS are not very well documented. Because a severe brain injury and SIS have similar symptoms, the SIS diagnosis is often overlooked. If a good medical history is not obtained identifying the initial head injury, SIS may go undetected. The risk for SIS should be considered in a variety of sports associated with the likelihood of blows to the head, including boxing, football, ice or roller hockey, soccer, baseball, basketball and snow sports. These all present risks for single impact blows to the head that can cause brain injuries.
It goes without saying that when one suffers a severe brain injury, the first priority is the health of the injured loved one. If a loved one suffers a head injury in any respect, regardless if it occurs at an organized practice or game or while performing in gym class at school, the same legal principles apply. An injured party may seek compensation so long as they are able to establish that their injuries were the result of another's negligence. Whether or not a legal remedy is available depends on the facts of each particular case.
In SIS cases, the most important factor is whether or not anyone in a position of authority knew, or should have known, that there was a risk that a severe brain injury could occur during the practice or game. This question is not as simple as determining whether the group sponsoring the practice or game knew of the risk. The factual investigation as to the cause of the injury may lead to the conclusion that there was a defective piece of equipment, or a lack of proper equipment, that caused the injury. More specifically relating to SIS, however, the analysis should also focus on whether the injured person had suffered a prior head impact or injury such that additional safeguards to prevent SIS were put in place. An experienced and skilled attorney will conduct a comprehensive investigation into the risks inherent in that sport, the prior history of head trauma suffered by that athlete, the issue of properly fitting and functioning equipment and whether safeguards to prevent a second untimely head injury were in place.
In many situations, there are specific state laws that deal with whether or not you can bring a lawsuit against an organization sponsoring or hosting a practice or game. In particular, special laws involving time limitations for bringing a claim and damage caps may exist when dealing with a municipality or school system. In addition, there may be issues with releases or waivers signed by the athlete and/or their parents which arguably protect the event organizer from liability.
A brain injury can have devastating and life-long effects on both the victim and the family, including disabling pain, significant past and future medical expenses and lost wages. Complex legal and medical issues often surround these types of cases therefore requiring a comprehensive and immediate investigation into the facts of the case. Second Impact Syndrome should be considered as a potential cause of head trauma any time a brain injury occurs during a sporting event. Consult an experienced attorney well-versed in these areas of the law.
