US Soccer Showing Potential Implementation of Concussion Settlement Terms

Photo Courtesy of The Boston Globe

/sarcasm

I did have to laugh a little bit in looking back at this picture and article from my post in July. For any offended by my not taking the topic seriously enough, please note the sarcasm tag is now turned off.

Concussions are serious things and I do take them seriously. What is being proposed beyond regular education and evaluation however, in my opinion is a reaction to a lawsuit, not a solution.

I continue to find it interesting how folks are reacting to this too, even comments on the US Soccer web site with the press release are largely truly negative.

This is a serious topic that needs a serious answer, unfortunately the answer provided in the settlement would on the surface not seem to fully address the practical enforcability or acknowledge some of the actual science behind such injury and its occurrence rates for soccer players.

Stand by to see how US Soccer will attempt to enforce same.

No more headers in soccer ... and guess who will have to judge

Court settlement proposes heading ban in bid to curtail youth concussions

In a settlement announced on Monday by Hagens Berman, a law firm that represented youth players in a class action lawsuit against six the largest youth soccer groups, U.S. players who are aged 10 and under will no longer be able to head the ball, while players aged 11 through 13 will be restricted by a length of practice with headers and number of total headers allowed per player per week.

The settlement also, for the first time, mandates a standard protocol to follow when a player is found to have sustained a concussion. ...

See the whole article here from ESPN.

Kicking Back Comments: You can see the genesis of the suit from an article here. There are elements of the settlement that I think have great merit, such as allowing a temporary substitution to allow for concussion evaluation and having a standard procedure for evaluating same. All good stuff.

Limiting headers, frankly is crap, and untenable to patrol. While this settlement occurred just Monday the 9th, the practical effects are really yet to be felt by referees across the US ... I am sure that was not even a thought in US Soccer's head however. Enforcement ... we'll figure that out later.

As an organization we are having issues getting young referees to determine and stop play when a player uses their hands in U10 matches ... never mind finding a referee to even do those games these days. But sure, throw that log on the fire of no head balls ... I can hear it now ... "SHE HEADED IT ... THAT'S A FOUL" ...

OMG I am going to lose my mind watching these matches next year.

What I found somewhat laughable and ironic about all of this at the high level I have examined it so far is the lead attorney in the suit, Steve W. Berman, was paid his handsome fees by US Soccer to the tune of $590,000 when none of this was supposed to be about money, but about safety. (What ever happened to pro bono work?) Something Steve I would think should care about as per his bio he himself is a "certified soccer referee."

I'll wait to see what the full settlement holds and how US Soccer plans to ask its youngest and least experienced group of referees to implement these very nuanced changes to the LOTG and effect the very fabric of how The Game is played today.

Until then, stay tuned as the comments surrounding this change are generally not positive ones.

Update 18:00 EST ... oh look, here is one from SI:

Michael A. Shealy · 

Referee with TISOA Chapter at Nisoa College Referee

So as a referee do we red card the youth that head the ball now. Here come another LOTG #18.

Like · Reply · 2 · 10 hrs

Jj Garcia

Thats my concern about this and I'm not even a ref. How is this going to managed in games when sometimes heading the ball is an instinctual move to get the ball clear or control it. Who to say that coaches of rec level or higher are going to be actually counting with a counter or something of that sorts. I cant see how this can be monitored in practices with all the teams that are out there.

Like · Reply · 6 hrs

Mike Naka

Jj Garcia Gotta love the USA and the sue everything culture...

Legal Week Day 3: Gregory and Mary Ellias, Administrators of the Estate of Hayden Ellias, deceased vs. Porter Athletic Equipment Company, et. al.

While the particular case is tragic and long settled, this story is heartbreaking and when I first reported on it has continued to captured my thoughts and feelings on the topic to this very day.

Sadly, unsecured goals are a very serious and continuing problem world wide. To date, in the US and Canada since 1979 there have been a minimum of (39) deaths and (57) injuries (source).

Not interesting nor surprising is when I last wrote about this about a year ago, the title of my article was, 38 Dead Children; 56 More Injured.

Notice something?

Yes ... there have been more deaths and reported injuries from just a year ago.

Recall Law I where goals must be securely anchored to the ground.

No excuses folks, just do it. It's quick, it's easy, and will save a life.

Consider the alternative. In additional to a lifetime of regret and emotional trauma knowing you may have stopped a life from being lost or forever altered, there is little doubt in my mind in addition to that emotional burden, you will almost certainly be looking at being named as a co-defendant in a civil suit where you as a referee have an *affirmative duty* to make sure the field is safe and goals are safely anchored.

Save a life.

Save yourself the hassle.

Check the nets and don't play unless they are safe.

Legal Week Day 2: Mehr et al v. Federation Internationale de Football Association et al

Back in August of 2014 a group of parents sued FIFA and several US based soccer organizations, claiming in part they failed to warn or protect children from concussions. A particular focus regarded repetitive heading of the ball.

While the suit was dismissed (opinion here) for reasons I will briefly go into, there is a point lurking in there somewhere as some of the sports greats and future greats have had a career cut short due to these injuries. Taylor Twellman comes to mind among many.

We have seen the serious effects of concussion (in general in The Game) not just from headers in the 2014 World Cup with a staggering Christoph Kramer asking the referee " ... is this the final?"

In the US, risks of head injuries in sports has been a recurring concern. In mid-2014 the National Collegiate Athletic Association (NCAA) agreed to settle a head injury lawsuit by creating a $70 million fund for concussion testing. Some of the same lawyers involved in that case filed the subject lawsuit.

While the suit at hand sought no "direct damages" (i.e. money to the plaintiffs) it did look to institute a (unbelievably broad) medical monitoring program, as well as attorneys fees and tried to alter the LOTG to "limit" the number of time players could head the ball and making it "easier" to substitute if such an injury is suspected.

The suit against FIFA was dismissed and can not be brought again as the judge made it clear FIFA had no standing in such a case. In short, the ties to the US game are too tenuous to drag them into court over this issue. Plaintiffs tried *hard* to do this ... but no avail.

The suit against the US organizations, see p.3 of the opinion for a nifty chart, was also dismissed, but not prejudicially so ... it can come back, and I believe will. In part the dismissal was the fact the all of the plaintiffs did not currently have injuries that were being claimed. In short, they (fortunately) all recovered from their injuries that lead to the suit in the first place. Also part of the decision was the fact the parents (of the minors) knew and assumed the risk of the possibility of injury of the type claimed.

There were a few statements when this was first filed that caught my eye. First was the AYSO saying it's "... highest priority is creating a safe and nurturing environment where kids can play and have fun ..." and AYSO requires any player exhibiting signs of a concussion immediately be removed for the remainder of the day.

*HUH?*

Any AYSO referees out there aware of that? It is certainly not uniformly adopted across the US.

Also, from the attorneys, a well crafted and foreboding statement:
"For many families soccer is seen as a terrific alternative to football ... . Parents are often relieved when their children choose soccer. However, soccer ranks among the top sports in the number of concussions per game."

I'll tell you folks (and for any who have heard me speak on the topic you have) as a referee, don't mess around here. If a player takes a knock in the head, stop the game and get the coaches. Don't evaluate, don't try to play through, stop and get the coach or trainer.

Also, know the symptoms of a concussion, not to medically diagnose one as this by many reports can take 8-10 minutes, but to be casually familiar if you see such behavior. If you do, stop the match and get the coach or trainer. Do not pass go, do not collect $200, stop right there.

We are in a funny time right now where the rule making bodies and organizing folks are under threat of suit, scared, and don't know how to proceed as a whole. (In conversations it is clear many folks do know how to proceed but getting a large body to agree is the issue here) As referees lets make it easy on them, and in turn ourselves.

A blow to the head, stop, get help, and remove the player.

Signs of a concussion, stop, get help, and remove the player.

Yes, you may tick a few folks off in stopping play when particularly advantageous circumstances exists, but I would argue, those folks who would ask to continue when another player is suffering such a condition, have a "head injury" themselves.

... and Speaking of Lawsuits ...

Soccer governing body sues over player images

A dispute over U.S. soccer players' images has landed in federal court.

U.S. Soccer Federation Inc. filed a lawsuit against the U.S. National Soccer Team Players Association this month asking a judge in Chicago to loosen some constraints on the use of players' images.

The Chicago-based federation is U.S. soccer's governing body. The association is the union for the men's national team. ...

See the whole story here, courtesy of ksl.com.

Kicking Back Comments: I am actually glad to see this. While like anything else of this type it is about money, it demonstrates a shift to me that there is pecuniary value for the rights of the intellectual property of American players.

While often reserved to the "other major sports" in the US, it is pleasing to see folks "fighting" over the use of players images.

While I am sure not worth what a Tom Brady or Aaron Rodgers image is, the fact there is a (no doubt expensive) lawsuit over the topic speaks volumes.

From World Cup To High Court

Kicking Back comments:
Below is a follow up regarding of the T&T players suing the T&T FF over an agreement from the 2006 World Cup. One thing interesting outside the story to me, are some of the comments in both stories from the readers. If true they will serve as fertile ground for further discussion on topic.

From World Cup To High Court

It was the morning of October 5, 2006 when the "Soca Warriors" finally received word on bonuses promised to them by Trinidad and Tobago Football Federation (TTFF) special adviser and FIFA vice-president Jack Warner--now the Minister of Works and Transport in the People's Partnership Government--for their historic qualification for the Germany World Cup.

At the Hasely Crawford Stadium in Port of Spain, the jaws of more than a dozen young men sagged and faces contorted as a contingent returned from the TTFF headquarters with news of their financial reward.

"How they came up with that?" asked one player.

Full story continues here, courtesy of Trinidad Express Newspapers.

T&T Players Win Suit Over T&T FF - Warner Must Be Fuming

Kicking Back comments:
Special thanks to Melissa Lawrence for tweeting this one.

Jack Warner (FIFA VP and CONCACAF President) certainly can not be happy by the ruling recently handed down, upholding an agreement between several T&T World Cup players and the T&T Football Federation. Note the time frame here, these players have been fighting to enforce the agreement they entered into prior to the 2006 World Cup.

High Court backs payments for Soca Warriors: ...TTFF ordered to honour 2006 W/Cup agreement

The Trinidad and Tobago Football Federation (TTFF) was accused of time-wasting and ordered by Acting Justice Devindra Rampersad to honour its agreement to pay bonuses to the 2006 World Cup football team, dubbed the "Soca Warriors", and legal costs, which are expected to be in excess of $3 million.

On November 19, 2008, the TTFF filed a stay of proceedings in the High Court that prevented the 16 players—since reduced to 14—from enforcing the judgment of the London-based Sport Dispute Resolution Panel (SDRP), on the grounds a supposed breach of confidentiality by the claimants "severely undermined" the defendants' faith in the SDRP and, as a result, "they no longer agree to be bound by the agreement".

See the full story here by Lasana Liburd, courtesy of Trinidad Express Newspapers.

That's netting to joke about

Earlier we spoke about the critical need to inspect the ball, not only before the match but also during any change of a ball as required by the Laws of the Game [LOTG] (see pages 13, 21, and 77). Doing this small thing can save a match from going into disrepute.

Today, a quick comment regarding pre-game inspections and goal safety. While some areas of inspection are less critical than others, one that requires early scrutiny is the condition of the goals used during a match. Particularly, if these goals are properly anchored down. Here too this is a requirement of the LOTG (see pages 9 and 77).

This one is not about a game going into disrepute, this very simply is to save lives.

Don't believe me, look here for a blog entry from Mary Ellias of Virginia detailing the death of her 10 year old son Hayden tragically killed by a goal that fell on him. This post states in part , "What I remember seeing was our son lying face down lifeless on the ground".

A series of law suits were filed, and one of the named defendants was USSF. You can bet your badge that whoever was refereeing that match was asked some very upsetting questions.

That discomfort however is meaningless in comparison to the tragic loss of a young boy and the pain to his family and friends.

Next time your out refereeing, take an extra second, just one, to make sure the goals are anchored and appear safe. If they do not, my opinion is not to start that match until they are, or abandon it, if they can not be made so.

Check a goal - Save a life.

Was that blog, or Blago?

From the real to the unreal.

So, lots of folks have blog out there that say a bunch of neat things, and some covering topics that are, well, interesting. For anyone who has been following the tweets about the US National Team, there was a tweet today from USSOCCER  that pointed to the MNT Blog. For those of us who are ex-players, or just want to get a glimpse into what is going on, this is a good place. Particularly right now when the boys are in South Africa.

Here is another fun one from US Youth Soccer on an incredible array of topics that some will find interesting for certain.