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A former redshirt freshman at Bowling Green State University who suffered three concussions during football practices is to receive a $712,500 settlement from the university.
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BGSU to pay out $712,500 to settle concussion lawsuit

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BGSU to pay out $712,500 to settle concussion lawsuit

Injuries ended career, studies in 2010

A former redshirt freshman at Bowling Green State University who suffered three concussions during football practices is to receive a $712,500 settlement from the university.

The Ohio Court of Claims on Monday approved the settlement for Cody Silk of Sterling Heights, Mich., whose career as an offensive lineman and college education came to a halt during his first year in 2010.

Mr. Silk sued the university in 2012, claiming coaches and medical staff at BGSU failed to withhold him from practices after he suffered the concussions that led to permanent brain injury. 

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ATTACHMENT: BGSU’s Concussion Management Policy

He was medically disqualified from playing football by team doctors after the third concussion.

“I think it’s an important, positive outcome which resulted from several years of efforts to seek justice for Cody and other student athletes like him across the country,” said Daniel Kurowski, a Chicago attorney who was one of the lawyers who represented Mr. Silk.

The lawsuit was headed toward trial when the parties agreed to the settlement. 

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In it, the university did not admit to any fault and Mr. Silk agreed that he would not bring any future claims against BGSU.

The university released a statement Wednesday reiterating the terms of the settlement, in which it denied it did anything to injure Mr. Silk.

“However, on the advice of its trial counsel, the university and its insurer concluded that because of the uncertainty and risks of a trial, this settlement is in the best interest of all involved,” the statement read. “We extend our best wishes to Mr. Silk and his family.”

Wake Forest University football coach Dave Clawson, BGSU’s coach at the time, declined to comment on the lawsuit.

The Court of Claims initially rejected Mr. Silk’s contention that BGSU was legally responsible for his brain injuries, in part because, like most college football players, he had signed a release of liability to play football.

Mr. Silk filed a motion for reconsideration, contending the liability release didn’t cover “wanton and willful misconduct,” which he alleged BGSU’s conduct was.

Mr. Kurowski said he anticipated the settlement could potentially play a role “in putting other universities on notice. In terms of the allegations we had, we believe there was really no excuse for this type of behavior from schools that have these programs, and we intend to continue litigating cases like these on behalf of students like Cody.”

Mr. Kurowski said Mr. Silk attempted to continue his education at BGSU after he was sidelined, but was unable to because of cognitive problems the concussions caused. He currently is working, his attorney said, though his life’s path has not been what he intended when he enrolled at BGSU as a business major on a football scholarship.

“This settlement is going to help him move forward with his life after these life-altering concussions he suffered during his freshman year in college,” Mr. Kurowski said.

Bowling Green has published a concussion management policy, based on the 2008 International Concussion in Sport conference held in Zurich. It also implements strategies from a 2010 NCAA memorandum titled “Best Practices for Concussion Management Plan.”

The university’s policy attempts to define a concussion, based in part on the potential causes. It also delineates the signs and symptoms of an acute concussion, including physical signs as well as “cognitive impairment” and other physical signs such as loss of consciousness or amnesia, as well as behavioral changes such as increased irritability.

The policy spells out the school’s gradual return-to-play policy, which begins with no activity, the steps to light aerobic exercise, sport-specific exercise, noncontact training, and finally full-contact practice.

BGSU’s policy statement outlines the ways in which the school’s sports medicine staff works with team physicians to educate, document, and treat athletes with concussive symptoms.

Sports writer John Wagner contributed to this report.

Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.

First Published May 5, 2016, 4:00 a.m.

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A former redshirt freshman at Bowling Green State University who suffered three concussions during football practices is to receive a $712,500 settlement from the university.  (BLADE)
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