In September 2016, two mothers brought a class action lawsuit against Pop Warner Little Scholars, Inc.
Kimberly Archie and Jo Cornell sued Pop Warner and three other defendants on behalf of their sons. Kimberly Archie's son began playing football at age 7 and died in a high speed motorcycle crash after displaying erratic and risky behavior for two years. Jo Cornell's son, Tyler Cornell, who also played Pop Warner football committed suicide in 2014 at the age of 25 after having experienced behavioral issues and being diagnosed with depression.
What's the common link? Tyler Cornell and Paul Bright each were found to have chronic traumatic encephalopathy or CTE after their deaths. For more information about CTE please refer to my blog from September 18th.
According to the legal heads, here's what happened. Kimberly Archie and Jo Cornell brought a survival lawsuit, which means a claim was raised that belonged to a person before he or she died and that, after the person died, passed on to their estate. The mothers argue that Pop Warner failed to adequately train its coaches and staff on neurological injury prevention and identification. According to the law suit, the 87 year football organization failed to create and implement league-wide guidelines concerning the treatment and monitoring of players who suffer a brain injury during practices or games. Additionally, the mothers felt players and families were not appropriately warned of the dangers of the sport.
HMMMMmmmmmm........
Let's remember that Pop Warner offers football to children who are between 5 and 16 years of age. I know.... I know. Pop Warner is almost a right of passage for many Americans. It allows young boys to come together and learn many lessons about team work and the competitive spirit that are carried forward into adult life. Pop Warner Football has done many great things and should be commended for those things.
But the mothers contend that parents such as themselves turned their young boys over to a league that voluntarily assumed a duty to protect the health and safety of its minor participants. Archie and Cornell insist that Pop Warner mislead parents in their advertising which lead to an unlawful and deceptive business practice by suggesting a safe environment was being offered in league play.
Okay
What responsibility does the parent hold in this? That is a fair question. Because a child can not play Pop Warner without the consent of the parent and assent of the children. Fair enough. Pop Warner in its defense also said that it acted reasonably in the care of young players with the parents' blessing. The league offers several divisions to players of various weight and age classes in effort not to mismatch oversized players against smaller individuals. Additionally, Pop Warner changed game rules to reduce the risk of head injury by eliminating kickoffs and limiting contact during practices. Finally, Pop Warner officials has argued that it is not possible to separate the effects of play in its youth league from middle and high school level play, (see my blog on CTE development before age 12, September 20th).
So what was the outcome?
The lawsuit was filed against Pop Warner Little Scholars, Inc, USA Football, the youth football arm of the NFL, and the National Operating Committee on Standards for Athletic Equipment (NOCSAE), the organization that sets standards for athletic safety equipment.
The plaintiffs Archie and Cornell are seeking to class action status to represent all participants of Pop Warner Football since 1997 who have suffered brain injuries, damage or disease. This would include anyone currently playing Pop Warner football.
The lawsuit also is looking to have NOCSAE place labels on all helmets warning of the risk of CTE much like cigarettes must carry warning labels on each pack by the Surgeon General of the United States.
Related Cases
The family of Joseph Chernach settled a case with Pop Warner after suing the league for wrongful death following the suicide in 2012 by their son. Debra Pyka the mother of Joseph Chernach, had sought $5 million. The settlement was for less than $2 million.
The Illinois High School Association was recently sued by football players over head injuries. The case was dismissed due to the 'imposing broader liability on this defendant would certainly change the sport of football and potentially harm it or cause it to be abandoned.'
Ahhhh, yeah.
Stay tuned. We will keep you posted as the Kimberly Archie, et al. v. Pop Warner Little Scholars Inc., et al., Case No. 2:16-cv-06603, in the U.S. District Court for the Central District of California case unfolds.