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Darlington working out at WR


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Yes, tough to watch. Perhaps he isn't/wasn't the best interviewee though?

 

Idk, I'd have to see a couple interviews pre-concussion to get a good sense of what's going on. Is it possible he was just extremely nervous to give an interview talking about how he might never play football again?

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I like this move. Darlington has been getting juiced in the weight room. Could be a decent posession wr. Imo the concussion thing is overblown.

Considering that I'm that concussion +20 years. I had 4 between the ages of 8-14, and I can tell you now that I"m 20 years later from my last I am encountering all sorts of problems. Depression, anxiety, I have a hard time focusing on things that I use to just dive into and enjoy. I can't watch movies without getting frustrated by sitting still. I can't enjoy video games any more except a few. I have a hard time with jobs that require a lot of concentration, I'm argumentative about everything, I have a hard time hanging on to relationships, and that is just 20 years.

 

TBI is a huge problem, and your response is a slap in the face to someone who is dealing with it on a daily basis.

No it isnt because im not talking about anyone eles concussion problems. Im talking about zd's. im going to assume that hes had the proper care and has made an educated decision to keep playing.
You're expecting a 20 year old who is a competitor and grew up dreaming to play football and got offers from big Div I schools to make an educated decision about this. Is Darlington an expert on brain science and we just don't know about it? Things like this should not be up to the kids.

yes, I do! He is not an idiot, he has been to numerous doctors, has had numerous tests. he is as educated as a person can be.

It wasn't said or implied that he's an idiot.

 

 

This comment IS implying he isn't smart enough to make an informed decision because of emotion..

 

 

You're expecting a 20 year old who is a competitor and grew up dreaming to play football and got offers from big Div I schools to make an educated decision about this.

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Yes, tough to watch. Perhaps he isn't/wasn't the best interviewee though?

 

Idk, I'd have to see a couple interviews pre-concussion to get a good sense of what's going on. Is it possible he was just extremely nervous to give an interview talking about how he might never play football again?

In the article it states he received a speech impediment from the concussion and had to start seeing a speech therapist.
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One thing that concerns me about him is if the university or athletic department can be held liable for anything that could happen to him if he were to sustain another concussion.

 

Just curious is all.

My assumption would be no. We can fairly say thousands of players have suffered various levels of concussions playing division one athletics - some are hurt so bad they become paralyzed, people like Eric LeGrand. I can't remember any litigation towards the schools.

 

I believe the individual schools are protected from litigation unless they were to do something completely against NCAA bylaws. But, I don't know what those bylaws are (if they exist). I know the NCAA recently settled in a concussion-related lawsuit and had to fork up something like $70 million for brain research, if I'm remembering the facts correctly.

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One thing that concerns me about him is if the university or athletic department can be held liable for anything that could happen to him if he were to sustain another concussion.

 

Just curious is all.

My assumption would be no. We can fairly say thousands of players have suffered various levels of concussions playing division one athletics - some are hurt so bad they become paralyzed, people like Eric LeGrand. I can't remember any litigation towards the schools.

 

I believe the individual schools are protected from litigation unless they were to do something completely against NCAA bylaws. But, I don't know what those bylaws are (if they exist). I know the NCAA recently settled in a concussion-related lawsuit and had to fork up something like $70 million for brain research, if I'm remembering the facts correctly.

 

You can literally sue anyone for anything, although you aren't guaranteed to win. And NCAA rules have no bearing on whether the university is liable under the law. The NCAA is just an organization with no legal standing that I'm aware of. For the universities, the bad publicity and information revealed by a concussion lawsuit would likely be devastating. I'm guessing even the threat of a lawsuit gets a university to settle.
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One thing that concerns me about him is if the university or athletic department can be held liable for anything that could happen to him if he were to sustain another concussion.

 

Just curious is all.

My assumption would be no. We can fairly say thousands of players have suffered various levels of concussions playing division one athletics - some are hurt so bad they become paralyzed, people like Eric LeGrand. I can't remember any litigation towards the schools.

 

I believe the individual schools are protected from litigation unless they were to do something completely against NCAA bylaws. But, I don't know what those bylaws are (if they exist). I know the NCAA recently settled in a concussion-related lawsuit and had to fork up something like $70 million for brain research, if I'm remembering the facts correctly.

 

You can literally sue anyone for anything, although you aren't guaranteed to win. And NCAA rules have no bearing on whether the university is liable under the law. The NCAA is just an organization with no legal standing that I'm aware of. For the universities, the bad publicity and information revealed by a concussion lawsuit would likely be devastating. I'm guessing even the threat of a lawsuit gets a university to settle.

 

 

I have no actual knowledge of the subject, but I would be surprised if universities refused to allow players to even touch the field before having themsign some liability waiver that indemnified the university from all injury related lawsuits

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One thing that concerns me about him is if the university or athletic department can be held liable for anything that could happen to him if he were to sustain another concussion.

 

Just curious is all.

My assumption would be no. We can fairly say thousands of players have suffered various levels of concussions playing division one athletics - some are hurt so bad they become paralyzed, people like Eric LeGrand. I can't remember any litigation towards the schools.

 

I believe the individual schools are protected from litigation unless they were to do something completely against NCAA bylaws. But, I don't know what those bylaws are (if they exist). I know the NCAA recently settled in a concussion-related lawsuit and had to fork up something like $70 million for brain research, if I'm remembering the facts correctly.

 

You can literally sue anyone for anything, although you aren't guaranteed to win. And NCAA rules have no bearing on whether the university is liable under the law. The NCAA is just an organization with no legal standing that I'm aware of. For the universities, the bad publicity and information revealed by a concussion lawsuit would likely be devastating. I'm guessing even the threat of a lawsuit gets a university to settle.

 

I have no actual knowledge of the subject, but I would be surprised if universities refused to allow players to even touch the field before having themsign some liability waiver that indemnified the university from all injury related lawsuits

 

Any contract can be challenged, even liability waivers. That doesn't mean the waiver wouldn't hold up in court, but the process to get to that point could be devastating to the NCAA/universities.
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One thing that concerns me about him is if the university or athletic department can be held liable for anything that could happen to him if he were to sustain another concussion.

 

Just curious is all.

My assumption would be no. We can fairly say thousands of players have suffered various levels of concussions playing division one athletics - some are hurt so bad they become paralyzed, people like Eric LeGrand. I can't remember any litigation towards the schools.

 

I believe the individual schools are protected from litigation unless they were to do something completely against NCAA bylaws. But, I don't know what those bylaws are (if they exist). I know the NCAA recently settled in a concussion-related lawsuit and had to fork up something like $70 million for brain research, if I'm remembering the facts correctly.

 

You can literally sue anyone for anything, although you aren't guaranteed to win. And NCAA rules have no bearing on whether the university is liable under the law. The NCAA is just an organization with no legal standing that I'm aware of. For the universities, the bad publicity and information revealed by a concussion lawsuit would likely be devastating. I'm guessing even the threat of a lawsuit gets a university to settle.

 

Perhaps I should explain further - while, yes, you can literally sue anyone for anything these days, my point was that I think the schools are pretty well-protected as of right now based on their own policies.

 

I did a quick Google search (literally 30 seconds) and found only one case of a former football player suing a school, and that is Bernard Hicks suing Cal in Aug. of 2015. Hicks claims the university didn't provide him accurate information regarding the long-term (and short-term) impacts of concussions. The following quote comes from The Daily Cal. http://www.dailycal.org/2015/08/12/former-uc-berkeley-football-player-sues-university-for-alleged-concussion-related-medical-malpractice/

 

Cal Sports Medicine’s current concussion management plan specifies protocol for coaches and health-care providers in the event of a concussion. According to the concussion management plan, all student-athletes are provided with written education material on concussions annually and must provide a signed acknowledgment of understanding its content.

 

So, this is kind of why I said my assumption is 'no.' I don't think the litigation would go very far in today's current climate surrounding concussions, at least at the division one level. Unless people can unequivocally prove they never once received concussion related information then the university will be protected - the burden is on the proof, of course.

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One thing that concerns me about him is if the university or athletic department can be held liable for anything that could happen to him if he were to sustain another concussion.

 

Just curious is all.

My assumption would be no. We can fairly say thousands of players have suffered various levels of concussions playing division one athletics - some are hurt so bad they become paralyzed, people like Eric LeGrand. I can't remember any litigation towards the schools.

 

I believe the individual schools are protected from litigation unless they were to do something completely against NCAA bylaws. But, I don't know what those bylaws are (if they exist). I know the NCAA recently settled in a concussion-related lawsuit and had to fork up something like $70 million for brain research, if I'm remembering the facts correctly.

 

You can literally sue anyone for anything, although you aren't guaranteed to win. And NCAA rules have no bearing on whether the university is liable under the law. The NCAA is just an organization with no legal standing that I'm aware of. For the universities, the bad publicity and information revealed by a concussion lawsuit would likely be devastating. I'm guessing even the threat of a lawsuit gets a university to settle.

 

I have no actual knowledge of the subject, but I would be surprised if universities refused to allow players to even touch the field before having themsign some liability waiver that indemnified the university from all injury related lawsuits

 

Any contract can be challenged, even liability waivers. That doesn't mean the waiver wouldn't hold up in court, but the process to get to that point could be devastating to the NCAA/universities.

 

Yep, any contract can be challenged in court. But since the health ramifications of playing football are fairly well documented, there would need to be some hardcore shenanigans on the part of Universities in those waivers for them to be found at fault. It's clearly a choice by the players to put themselves at risk. I'm not going to say it would never happen, but it's pretty much never going to happen. Especially if you're talking 1 former player vs a university or the NCAA, then I doubt the lawsuit results would be devastating, as you put it. Universities and the NCAA would throw millions of dollars at a legal defense, which I doubt and injured player could match. Class action suit might be another thing, but that gets into an area I know even less about.

 

The only way I could ever see this happening would be if said University's legal council was so inept that it drafted a terrible waiver. But I doubt that would be the case at any major university.

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