After listening to a day’s coverage of the Texas Tech coach Mike Leach scandal over isolating of wide receiver Adam James after he was diagnosed with a concussion, I am shocked at how similar Leach’s defense tactics are to those we see if almost every case. It only took about 24 hours for the Leach’s legal team to start attacking James’s character. They want to shift the focus from the outrageous conduct of the accused to the poor qualities James has as a person.
Yesterday, the claim started that they were isolating James to keep him cool. I checked the weather in Lubbock, Texas on December 17, 2009, the day he was put in the equipment shed, forced to stand in the dark. High temperature for the day, 64.9 °F at 3:53 PM. I am sure they did it to protect him from heat exhaustion. Not. See http://www.wunderground.com/history/airport/KLBB/2009/12/17/DailyHistory.html?req_city=NA&req;_state=NA&req;_statename=NA
By last night Leach’s defense attorney had gone of the offensive. Now the attacks were that problems with James had started in the day’s before what they now called a “claimed” concussion. The problems with James were really about his poor effort in practice (before the concussion) and complaints about his lack of playing time.
This mirrors the exact tactics defense attorney’s use in almost every mild brain injury case. A corporate wrongdoer can run into someone with a semi, but by the time it gets to a courtroom, the case gets spun that the plaintiff is unworthy and was just looking for an excuse to take the rest of his or her life off.
In the days after a concussion, the brain is trying mightily to rewire itself to deal with the new challenges. That rewiring is not always positive. Add panic or emotional distress and the plasticity that we all hope will avoid negative consequences, can rewire the brain in the wrong ways. I call this “negative plasticity” and I believe it is one of the strongest arguments for better and more thorough diagnosis and follow-up for concussion.
You do not isolate, with guards, regardless of what training the guards have, someone whose brain is particularly vulnerable at that moment. This is almost as dangerous as moving someone with a neck injury. Dark, isolated places, are not a good idea. Emotions are very vulnerable at such time and adding an element of panic to the equation is virtually guaranteed to create more problems.
Yesterday I was willing to let Leach off with a bit of homework on concussion. See http://blog.subtlebraininjury.com/2009/12/texas-tech-coach-suspended-for-charges.html Today after hearing more details and the misdirection and spin of his defenders, I think the man should be fired. Concussions are to be taken seriously and anyone who wants to abuse a concussion survivor by attacking such person’s character needs to pay the consequences. Leach needs to be made an example of.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
http://subtlebraininjury.com
http://car-accident-rain.com
http://tbilaw.com
http://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
Texas Tech Coach Suspended for Charges of Concussion Abuse
In one of the more bizarre news stories of the last week, Texas Tech head football coach, Mike Leach has been suspended indefinitely, with his team about to play a bowl game, for allegedly confining a concussed player to an equipment room. The player Adam James is the son of Craig James, a college football analyst.
The school suspended Leach to investigate the charges. What is bizarre is that whether you believe the James family allegations that Leach ordered the player confined to an equipment room and an electrical locker, or the coach’s version that he was just isolated in bigger places, it is hard to find the conduct appropriate.
Apparently Coach Leach has not gotten the memo: Concussions are serious. They require proper diagnosis, treatment and monitoring. They are not the basis for false imprisonment, which incidentally is a tort and perhaps a crime. We have heard many stories of coaches and teams ignoring concussions, but never one of such bizarre treatment.
Just so there can be no ambiguity for Coach Leach and Texas Tech, go see what the CDC has to say about how concussions should be treated. The guidelines do not talk about isolation. The CDC has not only published a guide for physicians and others for the treatment of brain injury, they will send you a beautiful set of materials, detailing excellent information about such treatment. See http://www.cdc.gov/NCIPC/tbi/physicians_tool_kit.htm
While he waits on his suspension, Coach Leach’s homework should be to read the entire CDC toolkit, preferably in a quiet, isolated place.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
http://subtlebraininjury.com
http://car-accident-rain.com
http://tbilaw.com
http://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
The school suspended Leach to investigate the charges. What is bizarre is that whether you believe the James family allegations that Leach ordered the player confined to an equipment room and an electrical locker, or the coach’s version that he was just isolated in bigger places, it is hard to find the conduct appropriate.
Apparently Coach Leach has not gotten the memo: Concussions are serious. They require proper diagnosis, treatment and monitoring. They are not the basis for false imprisonment, which incidentally is a tort and perhaps a crime. We have heard many stories of coaches and teams ignoring concussions, but never one of such bizarre treatment.
Just so there can be no ambiguity for Coach Leach and Texas Tech, go see what the CDC has to say about how concussions should be treated. The guidelines do not talk about isolation. The CDC has not only published a guide for physicians and others for the treatment of brain injury, they will send you a beautiful set of materials, detailing excellent information about such treatment. See http://www.cdc.gov/NCIPC/tbi/physicians_tool_kit.htm
While he waits on his suspension, Coach Leach’s homework should be to read the entire CDC toolkit, preferably in a quiet, isolated place.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
http://subtlebraininjury.com
http://car-accident-rain.com
http://tbilaw.com
http://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
