Former Student Athlete Files Suit Against NCAA for Concussion Injuries, ALS

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Legally Reviewed by
Allan Siegel

Updated 4 months ago

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Three of the firm’s partners — including the co-founders of the Brain Injury Association of Metropolitan Washington, DC — discuss TBI litigation, the firm’s preferred attorney status with the Brain Injury Association of America, and the DC Athletic Concussion Protection Act, which attorney Joseph Cammarata drafted into law.

Ira Sherman (00:01): Your brain is like the yolk in an egg, so when you shake the egg, you don’t have to crack it. You just go like that, and the yolk is affected. I was on the board of Directors of the Brain Injury Association of America. I was treasurer of the Brain Injury Association of America. Mr. Camara and I started the DC chapter, the Affiliate of the Brain Injury Association of America, which didn’t exist. We are the preferred lawyers of the Brain Injury Association in the Washington DC Metropolitan area. And what I mean by that is, is that the Brain Injury Association of America designates individual attorneys that they recognize as being experienced in handling cases involving traumatic brain injury to determine if they have a case and make sure that it’s handled properly.

Allan Siegel (00:54): You get hurt in sports and you get sent right back into the game, or you knocked your head and you get back up and you go about your day. Nobody really thought much about those injuries a long time ago, but we did. We understood the seriousness of those types of injuries and how sometimes you could have serious ongoing effects from what is even a mild traumatic brain injury or what is often referred to as a concussion.

Joseph Cammarata (01:21): I co-founded the Brain Injury Association of Washington, DC. I drafted legislation which became law in the District of Columbia to protect youth athletes from concussion. Concussion is a brain injury, a traumatic brain injury that can cause significant harm, cognitive deficits, emotional disturbances, vision problems, hearing problems. And so it’s important to be able to do the investigation, but do the legwork that’s necessary to put together the case to establish that there has been harm, but it’s invisible, right? You can’t see it, but the impact is real. And so it’s our job to bring to life the impact and show that this is real as a result of some trauma.

A former student-athlete who played football at the California University of Pennsylvania recently filed a lawsuit against the NCAA alleging that on-the-field concussions led to his devastating condition. Matthew Onyshko, 32, played at California University of Pennsylvania from 1999-2004. He went on to work for the Pittsburgh public schools system before becoming a city firefighter in 2007.

Earlier this year, Onyshko’s ALS dramatically worsened. Amyotrophic lateral sclerosis (ALS) – commonly known as Lou Gehrig’s disease – is a neurological condition that affects muscle and motor function. It is a rapidly progressive condition and often results in debilitating symptoms. Researchers have found that former football players face increased risks of developing neurodegenerative diseases such as Alzheimer’s and ALS.

According to the lawsuit, Onyshko claims that he suffered numerous concussions while playing and that the league failed to properly address his injuries. On three separate occasions, Onyshko was knocked unconscious from head injuries, and was allowed to return to every one of those games.

The lawsuit claims that the NCAA knew of the long-term impact of concussions, yet failed to adequately prevent or address Onyshko’s chronic on-field injuries. Due to the repetitive brain damage he experienced while playing, Onyshko now suffers from an incurable, debilitating condition and is unable to work as a firefighter. By holding the NCAA accountable for its negligence, Onyshko’s attorneys are hoping to recover compensation for past and future medical expenses, emotional damages, and Mrs. Onyshko’s loss of companionship.

Onyshko’s case is the first personal injury lawsuit brought against the NCAA for injury-related ALS. Earlier this year, former student-athletes filed suit against the NCAA for other various injuries related to concussions. His case is one of many similar lawsuits that have been filed against sports organizations for their failures to properly handle athlete brain injuries.

For more information about the ongoing legal actions involving athlete injuries and long-term brain damage, or to discuss whether you may have a potential claim, contact a Washington, DC personal injury lawyer from Chaikin, Sherman, Cammarata & Siegel, P.C. for a free consultation.

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