Updated: 3:51 p.m. with statement from Elon University
In a lawsuit filed against Elon University and the NCAA on Jan. 26, former football player Jovon Page claims the university and the collegiate sports governing body were negligent in dealing with concussions suffered by players.
The case, filed in the U.S. District Court for the Southern District of Indiana, is one of hundreds filed by the law firms Edelson PC and Raizner Slania LLP on behalf of former football players. The cases seek class action status, which could affect hundreds of thousands of athletes at hundreds of colleges and universities.
Owen Covington, university spokesman, said in an email that Elon has just learned of the lawsuit adding, "the university has not reviewed the lawsuit yet and will respond to the lawsuit timely through the appropriate legal channels.”
Page, who played running back from 1994 until 1996 for Elon, claims he "suffered from numerous concussions, as well as countless sub-concussive hits as part of routine practice and gameplay."
Yet, according to the lawsuit, there were no concussion management protocols in place to address or treat concussions. Page alleges that when he or other players suffered a head injury or concussion, they were returned to action too quickly instead of being held out of practice or a game for an appropriate amount of time.
Page claims that both the university and the NCAA neglected to uphold the basic tenets that both institutions had established by not protecting the health and well-being of the student-athletes. The plaintiff noted that it is Elon’s responsibility to stay up-to-date with emerging concussion studies and voluntarily finding ways to protect student-athletes.
"Page now suffers from issues including, but not limited to, emotional instability, loss of concentration, post-concussion syndrome, and suicidal thoughts," the lawsuit says.
The claim cites several examples of failures in the protocol established, such as not monitoring concussion and concussion-like symptoms, not having an adequate return-to-play policy and not notifying family when concussion or concussion-like symptoms were detected.
In requesting class action status, the lawsuit seeks to include all Elon football players between 1952 and 2010. The case seeks damages for past, present, and future medical expenses, other out of pocket expenses, lost time and interest, lost future earnings, as well as punitive damages.