CSCS’ Client Profiled by NBC News on Concussions in Soccer

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Legally Reviewed by
Allan Siegel

Updated 3 months ago

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.

In a recent blog, we discussed how the World Cup has drawn global attention to the issue of brain injuries in soccer and how leagues handle returning athletes to play after concussion injuries. A recent NBC News piece featured on the Today Show focused on this issue by sharing the story of Bryan Namoff, a former Major League Soccer player who is being represented by Partner Joseph Cammarata and our legal team at Chaikin, Sherman, Cammarata & Siegel, P.C.

Bryan Namoff was a former professional soccer player who played with D.C. United. During a game in 2009, Namoff suffered a concussion after colliding with another player at full speed. Namoff exited the game, but was allowed to return to play in a game just three days later. Because D.C. United failed to properly evaluate him after his concussion, Namoff was allowed to return to the field without fully recovering from his injuries. As a result, many of his symptoms never went away, including difficulties focusing and concentrating and debilitating headaches.

Because of his injury and permanent impairments, Namoff’s career was ended and he is unable to hold a regular job. Our firm has filed a lawsuit on behalf of Namoff against D.C. United and the team doctor for allowing him to return to play without fully recovering. After increased attention was focused on the dangers of prematurely returning players to the game after concussions, Major League Soccer changed its rules in 2010.

Concussion Rules in Major League Soccer

As part of MLS’ new rules, the league established a concussion committee and created mandatory baseline neuropsychological testing for players. Under the new rules, players must be removed from games immediately after showing signs of a concussion. If the player fails cognitive tests, they must see a team specialist and be symptom-free for 24 hours before being cleared to play.

Unfortunately, many believe the new rules are not being enforced, and that too many players are still returning to play after suffering head injuries. One of the largest problems advocates and medical professionals noticed – especially during the World Cup – was that many athletes want to get back on the field despite their injuries.

According to Namoff himself, returning to play is a decision that should not be made by players who are often fueled by their competitive natures. He stated that players aren’t always aware of their complicated medical issues, and that he too thought he was fine to play. Aside from better enforcement of concussion policies, he suggests that it might be time for impartial officials to manage player safety.

As Namoff’s case and the conversation about concussions in soccer continues, our firm will continue to fight on behalf of injured victims and their loved ones and continue our efforts to increase awareness about the need for strict concussion policies in all sports. Our personal injury lawyers are also available to help other athletes and families affected by head injuries. For more information, contact our firm.

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