SPECIAL REPORT: URI Football’s Losing Legacy and the Threat of Concussion Litigation

GoLocalProv News Team

SPECIAL REPORT: URI Football’s Losing Legacy and the Threat of Concussion Litigation

 

The University of Rhode Island football team has had a long history of mediocrity. The team has played for more than 120 years, but has only had one winning coach and that was more than a century ago.

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After a 84-7 conference loss this year on top of decades of losing seasons, URI's track record -- and the potential threat of concussion-driven litigation -- has one leading national expert questioning why the continued massive investment in football.

But constant losing is just one of the issues.

GoLocal spoke with two leading national experts who forewarn that URI and college football as a whole face significant litigation in the future as it relates to the adverse health damage caused by concussions.

Few Winners and Lots of Losers

Kingston is along way from Ann Arbor and South Bend, and the Rams of the past thirty years have little in common with the winning teams led by Tom Ehrhardt of the mid-1980s.

According to Dr. Richard Vedder of the the Center for College Affordability and Productivity, "There are a lot of colleges like the University of Rhode Island that lose a lot of money on football.”

Dr. Richard Vedder
Vedder is a recognized expert on the impact of the high cost and failed promises of college football and the adverse impact on most schools. “Certainly, there are a small number of top level schools that make a tremendous amount of money (in football) – the Alabamas. Then, there are a maybe 20 schools that break even, but the rest lose money and some lose a lot of money.”

Vedder warns that the cost of football has a number of adverse effects.

“Minor men’s sports are the big losers as a result of football," said Vedder. Over the years, URI has cut a range of men’s and women’s varsity programs including wrestling, men’s tennis, men’s swimming and diving, women’s lacrosse, and women’s field hockey, just to name a few.

In addition, URI trails most schools in the number of varsity programs offered. Despite decades of football futility, Athletic Director Thorr Bjorn defends the program, its costs and its performance.

“We've had no discussions about dismantling the football program,” said Bjorn.

While Bjorn defends the football program, Vedder calls football programs like URI “a regressive tax on students.”  Vedder says that many schools hide the actual costs of the football programs. “In the account, stadiums have no costs – they are given by God.”

Concussion Litigation is Lurking

Many football fans have seen the media reports on the impact of concussion on professional football players. What is lurking in the near future is massive litigation against the NCAA and many colleges.

Jeff Raizner of the law firm Raizner Slania, LLP in Houston, Texas  tells GoLocal that his firm and the law firm Edleson in Chicago have combined filed 50 single school, single sports, class action lawsuits.

Raizner said, “NCAA has known for decades about the impact - we have cited the history. Right now, we are able to see that NCAA had knowledge and a responsibility to protect student-athletes and educating colleges and athletes.”

Recently, the NCAA settled the ground-breaking Adrian Arrington suit. He was a former safety at Eastern Illinois University and was the lead plaintiff in a class-action lawsuit against the NCAA. The settlement provides $70 million for payment to cover ongoing medical monitoring.

As the New York Times reported, “Judge John Z. Lee of United States District Court for the Northern District of Illinois approved most of the terms, but declined to give the NCAA full immunity from future class-action lawsuits. His proposal specifically allowed athletes from one university to still sue as a class. The NCAA has yet to sign off on the new terms, but now faces another round of concussion litigation.”

Raizner and Edleson have followed the courts direction in filing the single sport, single school class actions, but anticipates that these cases will be consolidated in the future.

How Long a Fight?

“None of these parties -- the NCAA or member schools -- are stepping forward and taking responsibility. They are putting up a fight,” said Raizner.

Attorney Jeffrey Raizner
Raizner added that he expects the litigation to take two to five years and while he declined to identify what he sees as the potential payments, he admitted the damages could be in the billions.

“We are seeing tragic cases. We are seeing things across the board. A man in his late 20s took his own life and left his young child. His brain was tested at the CTE Center at Boston University and his brain was found to suffer from Chronic Traumatic Encephalopathy," said Raizner.  He noted that damaged athletes come in all sizes and all ages.

In an interview this week, URI does not see the issue of litigation as a threat to the University or the athletic program.

“Every school is required to provide concussion protocols - and I believe football is not the sport with the highest number. In every sport and every student athlete, they will be under the supervision of a trainer for evaluation in the event of concussion,” said Bjorn.

But both Raizner and Vedder warn that smaller schools simply do not understand that this issue will have a profound impact on the future of sports and especially football..

"Concussion lawsuits will be the next big impact on schools and their budgets,” said Vedder.  Raizner echoed the comments, “Some of the BCS Division 1 programs understand, but some of the smaller programs are not ready.”

But, Bjorn claims URI athletics will not be impacted, “ [Litigation] can always happen— but if you if your follow the protocols and focus on students first, that’s a big part of it. “


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