USA challenges field hockey player’s $1.7m win due to concussion
The feds are seeking to overturn the $1.7 million award for a former American college field hockey player against the United States following a doctor misdiagnosing her concussion. the army on active duty.
The government is challenging the July 2022 judgment by Judge Reggie B. Walton of the United States District Court for the District of Columbia in favor of Jennifer Bradley on her medical malpractice claim against the United States.
The government will ask the United States Court of Appeals for the District of Columbia to find that Walton erred in that decision and previously denied its motion to dismiss, according to the trial court opinion filed Sept. 23. .
Bradley was a junior at UA in 2011 when she was hit in the head while playing in a field hockey game against the University of Richmond. Subsequently, she complained of problems with vision and concentration, as well as fatigue.
Evidence showed that Aaron Williams, a US Army doctor, breached the applicable standard of care by ruling out that Bradley had a concussion and failing to remove him from training and playing, Walton said. The doctor initially concluded that Bradley had sinusitis.
Williams was a member of the Military Primary Care Sports Medicine Fellowship. As part of his fellowship, he worked for American University’s sports team physician.
Bradley also established that Williams’ violation caused his injuries, Walton said.
Walton dismissed Bradley’s claims against the NCAA in May 2020, finding that she had failed to demonstrate that the athletic association’s actions were the immediate cause of her injury. He also denied Bradley’s claims against American University because she signed a risk acknowledgment form agreeing to hold the school harmless for on-field injuries.
Bradley filed an appeal with the DC Circuit in August, seeking to revive his claims against the NCAA and American University.
Paulson & Nace PLLC represents Bradley.
Schertler Onorato Mead & Sears LLP represents the NCAA.
Walker, Murphy & Nelson LLP represents American University.
The deal is Bradley vs. Nat’l Collegiate Athletic Ass’nDDC, n° 16-cv-00346, notice of appeal 09/23/22.