Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Mock Trial Documents
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR CHINOOK COUNTY MIA PEREZ, a minor, by and through her Parent, CASEY PEREZ Case No: MT2013-2014 Plaintiff v. SHANNON DEMPSEY, JORDAN COMPLAINT DEMAND FOR JURY TRIAL REDDICK, and RUBICON SOCCER CLUB Defendant COMPLAINT FOR NEGLIGENCE COMES NOW the Plaintiff, MIA PEREZ, by and through her parent and guardian, CASEY PEREZ, and respectfully states to the Court and alleges as follows: JURISDICTION AND VENUE 1. That at all times mentioned, Plaintiff Mia Perez, a minor, was and is a resident of Chinook County, State of Oregon. Casey Perez, parent and lawful guardian of Mia Perez, was and is a resident of Chinook County, State of Oregon. 2. At all times mentioned, Defendant Shannon Dempsey was and is a resident of Chinook County, State of Oregon. 3. At all times mentioned, Defendant Jordan Reddick was and is a resident of Chinook County, State of Oregon. 4. Defendant Rubicon Soccer Club, Inc. is incorporated in the State of Oregon with its principal place of business being in Chinook County, State of Oregon. 5. All of the acts complained of in this complaint occurred in Chinook County, State of Oregon. Therefore, venue is proper in this court. 6. In the aggregate, Plaintiff's claims exceed $50,000 exclusive of interest and costs, and therefore this Court has original jurisdiction. FACTS 7. Prior to and on the date of December 2, 2012, Plaintiff Mia Perez was a member of the Under -17 Rubicon Soccer Club Premier Girls' soccer team, coached by Defendant Dempsey. 8. On Monday, November 26, 2012, Plaintiff Mia Perez struck her head on the ground during soccer practice. She seemed shaken up enough for Defendant Dempsey to require Plaintiff to sit out for the remainder of practice. 9. Defendant Dempsey did not inform Casey Perez, Plaintiff's parent, of the incident in Monday's practice, nor did the Defendant suggest that Plaintiff Mia Perez be checked out by medical personnel for a possible concussion. CLASSROOM LAW PROJECT 4 Oregon High School Mock Trial Competition www.classroomlaw.org 10. On Sunday, December 2, 2012, Plaintiff Mia Perez suffered a blow to the head during the first half of the College Showcase tournament soccer game. Defendant Dempsey did not remove Plaintiff Mia Perez from the game at that time to check on her but, instead, kept Plaintiff Mia Perez in the game until halftime. 11. Defendant Dempsey did not ask Plaintiff Mia Perez about any possible concussion symptoms during halftime. 12. Defendant Dempsey put Plaintiff Mia Perez into the game at the beginning of the second half. About 15 to 20 minutes later, Plaintiff Mia Perez was tripped while dribbling the ball toward the goal. Plaintiff Mia Perez fell to the ground, striking her head hard when she landed. 13. Plaintiff Mia Perez was knocked unconscious by the force of the blow to her head. She was transported to the emergency room at Chinook County Hospital, where she regained consciousness more than an hour later. 14. Plaintiff Mia Perez suffered a serious concussion from the blow to her head. She continues to suffer from post -concussion syndrome months after this incident. COUNT ONE 15. The Plaintiff hereby adopts and incorporates by reference paragraphs 1 through 14 as if fully set forth herein. 16. At all relevant times, Defendant Shannon Dempsey had a duty of care toward the Plaintiff to supervise, monitor, regulate, and take all reasonable and appropriate steps to minimize the risk of injury to the Plaintiff from her participation in soccer practices and games. 17. Beginning on Monday, November 26, 2012, and proceeding through Sunday, December 2, 2012, Defendant Dempsey breached his/her duty to Plaintiff by carelessly and negligently ignoring clear symptoms of concussions which the Plaintiff exhibited throughout that period. 18. By failing to remove Plaintiff Mia Perez from practices and the College Showcase game until the Plaintiff had been cleared to play by a physician knowledgeable in the diagnosis and treatment of concussions, Defendant Dempsey created a foreseeable risk of harm to Plaintiff Mia Perez. In doing so, Defendant Dempsey directly and proximately caused the harm which Plaintiff Mia Perez suffered from repeated concussive events during the time in question. 19. Plaintiff Mia Perez has sustained past medical expenses and will incur future medical expenses and costs associated with the Harm suffered and disability referenced above. 20. Plaintiff Mia Perez has in the past experienced, continues to experience, and may in the future suffer from an assortment of problems associated with the harm described above, including but not limited to, headaches, dizziness, loss of memory, depression, cognitive dysfunction, diminished educational achievement, employment impairment, limitations in physical activities, and loss of the pleasures of life. 21. As a result of the foregoing, Plaintiff Mia Perez has suffered damages and will in the future suffer damages caused by the negligence of Defendant Dempsey. COUNT TWO 22. Plaintiff hereby adopts and incorporates by reference all prior paragraphs of this Complaint as if fully set forth herein. CLASSROOM LAW PROJECT 5 Oregon High School Mock Trial Competition www.classroomlaw.org 23. At all relevant times, Defendant Jordan Reddick, as the Director of the Rubicon Soccer Club, had a duty of care to Plaintiff to supervise, educate, monitor, and provide reasonable information and rules to club players, parents, and coaches, to minimize the risk of injury to the players. 24. Defendant Jordan Reddick was careless and negligent by breaching the duty of care to players and coaches both generally and in the following particular respects: a. Failing to educate players, parents, and coaches concerning symptoms of a possible concussion; b. Failing to warn of the risk of unreasonable harm or possible long-term complications resulting from repeated concussions; c. Failing to implement rules and protocols to adequately address the dangers of repeated concussions and to implement a medically -sound return -to -play policy to minimize long-term chronic cognitive problems; d. Other acts of negligence or carelessness which may materialize during this civil action . 25. Because of the negligence and breach of duty of Defendant Reddick, Plaintiff Perez has suffered damages and will in the future suffer damages as described in the foregoing paragraphs incorporated herein. COUNT THREE 26. Plaintiff Mia Perez hereby adopts and incorporates by reference all prior paragraphs of this Complaint as if fully set forth herein. 27. Defendant Rubicon Soccer Club, as the organization under which Plaintiff Mia Perez engaged in the sport of soccer, had a duty of care to establish reasonable rules and regulations and return -to -play protocols to minimize the risk of injuries to players in the club. 28. By failing to gather and disseminate specific information regarding prior player concussions on club medical waiver forms; failing to establish reasonable rules and regulations to educate players, parents, and coaches about the symptoms and risks of repeated concussions; and failing to establish clear and medically sound policies for safe return -to -play, Rubicon Soccer Club breached its duty of care to Plaintiff. 29. Because of the negligence and breach of duty of Rubicon Soccer Club, Plaintiff has suffered damages and will in the future suffer damages as described in the foregoing paragraphs incorporated herein. WHEREFORE, Plaintiff requests judgment for the following: 1. Judgment against Defendants for compensatory damages in an amount to be determined by a jury; 2. Payment of the costs resulting from this action to be taxed against the Defendants; 3. Such other and further relief as this Court may deem just and proper. Plaintiff requests a jury trial on all issues. CLASSROOM LAW PROJECT 6 Oregon F-Iigh School Mock Trial Competition www.classroomlaw.org Respectfully submitted, this the 1st day of August, 2013. CLASSROOM LA\V PRoJ [CT Alex Morgan Alex Morgan, Esq. Attorney at Law 1111 Thorn Way Rowe, Oregon 97205 7 Oregon High School Mock Trial Competition tivww.classroomlaw.org 1N THE CIRCUIT COURT OF THE STATE OF OREGON FOR CHINOOK COUNTY MIA PEREZ, a minor, by and through her Parent, CASEY PEREZ Case No: MT2013-2014 Plaintiff v. SHANNON DEMPSEY, JORDAN ANSWER DEMAND FOR JURY TRIAL REDDICK, and RUBICON SOCCER CLUB Defendant ANSWER COMES NOW the Defendants, SHANNON DEMPSEY, JORDAN REDDICK, and RUBICON SOCCER CLUB, INC., and respond to the Plaintiff's Complaint as follows: JURISDICTION AND VENUE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendants admit that the aggregate damages claimed by the Plaintiff exceed $50,000 but deny that the damages are due to negligence on the part of the Defendants. Nonetheless, Defendants do not contest the venue or jurisdiction of Chinook County Circuit Court. FACTS 7. Admitted. 8. Defendants Jordan Reddick and Rubicon Soccer Club lack sufficient knowledge to form a belief as to the truth of the allegations in paragraph 8, and thus it is denied. 9. Defendants Jordan Reddick and Rubicon Soccer Club lack sufficient knowledge to form a belief as to the truth of the allegations in paragraph 9, and thus it is denied. l 0. Defendants lack sufficient knowledge to form a belief as to the truth of the first allegation in paragraph 10, and thus it is denied. The second allegation is admitted. 11. Defendants Jordan Reddick and Rubicon Soccer Club lack sufficient knowledge to form a belief as to the truth of the allegations in paragraph 1 L, and thus it is denied. 12. Admitted. 13. Admit Plaintiff Mia Perez was nonresponsive during the second half of the December 2, 2012, game and was transported away from the field by emergency medical personnel. Except as admitted, Defendants lack sufficient knowledge to form a belief as to the truth of the allegation in paragraph 1, and thus it is denied. 14. Defendants lack sufficient knowledge to form a belief as to the truth of the in paragraph 13, and thus it is denied. CLASSROOM LAW PRoJI C 1 8 Oregon High School Mock Trial Competition www.c]assroomlaw.org COUNT ONE 15. Defendants' responses to Paragraphs 1 — 14 are incorporated herein by reference. 16. Admitted. 17. Denied. 18. Denied. 19. Defendants lack sufficient knowledge to form a belief as to the truth of the allegations in paragraph 19, and thus it is denied. 20. Defendants lack sufficient knowledge to form a belief as to the truth of the allegations in paragraph 19, and thus it is denied. 21. Denied. COUNT TWO 22. Defendants' responses to all prior paragraphs of the complaint are incorporated herein by reference. 23. Admitted. 24. Denied in general and as to all allegations in subparagraphs (a) — (d). 25. Denied. COUNT THREE 26. Defendants' responses to all prior paragraphs of the Complaint are incorporated herein by reference. 27. Denied. 28. Denied. 29. Denied. FIRST AFFIRMATIVE DEFENSE 30. Defendants assert the defense of comparative negligence. Plaintiff failed to exercise reasonable care for her own safety and thereby contributed to her own injury in one of more of the following ways: (1) by re-entering the soccer game after injuring her head, (2) by failing to notify her coach of her concussive symptoms, and (3) in such further ways as may be shown by evidence in this case. WHEREFORE, Defendants pray the following from the Court: 1. That Plaintiff Mia Perez recover nothing from Defendants Shannon Dempsey, Jordan Reddick, and Rubicon Soccer Club, Inc.; and 2. Such other and further relief which the Court may deem just and proper. Defendants request a jury trial on all issues. Respectfully submitted this the 31st day of August, 2013. CI.ASSROOvf LAW PRop(:1' Chr%s 51.s7./a;1- Chris /a%r Chris Sinclair, Esq., Attorney at Law 12012 Winner Cir. Rowe, Oregon 97205 9 Oregon High School Mock Trial Competition www.classroomlaw.org IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR CHINOOK COUNTY MIA PEREZ, a minor, by and through her Parent, CASEY PEREZ Plaintiff v. SHANNON DEMPSEY, JORDAN REDDICK, and RUBICON SOCCER CLUB Defendant STIPULATIONS Case No: MT2013-2014 STIPULATIONS 1. All exhibits included in case materials are authentic. No objections to the authenticity of exhibits will be honored. 2. All signatures on Witness Affidavits and other documents are authentic. if asked, a witness must acknowledge signing the document(s) and must attest to the content of the documents(s) and the date(s) indicated thereon. The Witness Affidavits are deemed to be given under oath or affirmation. 3. The trial is bifurcated and the only issue to be determined in this trial is liability. The amount of damages to be awarded, if any, will not be at issue in this proceeding. 4. The Acute Concussion Evaluation (ACE) report is admissible without further foundation. No hearsay objection to this document will be allowed. 5. Before trial, the Court denied the Defendants' motion to dismiss the lawsuit on the grounds that Plaintiff waived and released her claims through her parent's execution of the Medical Consent/Waiver of Liability and Release, dated June 2, 2012. In its ruling, the Court determined, as a matter of law, that the waiver and release of liability was not enforceable against Plaintiff. Alex Morgan Alex Morgan, Esq. Attorney at Law 1111 Thorn Way Rowe, Oregon 97205 CLASSROOM LAW PROJECT Chr%s Snc/a%r Chris Sinclair, Esq. Attorney at Law 12012 Winner Cir. Rowe, Oregon 97205 10 Oregon Iligh School Mock Trial Competition www.classroomlaw.org 1 E. Witness Statements 2 3 Affidavit of Casey Perez 4 5 My name is Casey Perez; I am a 42 year old single parent living in Rowe, Oregon. I 6 attended Oregon State University 20 years ago, and after I graduated, I married my college 7 sweetheart and began working as a graphic design artist at a small marketing company in Rowe. 8 It doesn't pay a lot but I love what 1 do. We were living the American dream. That is, we were 9 until my spouse died eight years ago in a terrible car accident, leaving me to raise our daughter 10 Mia alone: It was such a shock, I could hardly function, but I had to pull myself together for 1 1 Mia's sake. I tried to find things we could do as a family, so 1 started volunteering with her 12 Brownie scout troop and signed her up for sports camps at the Y. Mia was amazingly fast and 13 very coordinated, and soon she was the star of her basketball, track, and soccer teams. It was 14 great to see her moving past her grief and doing something she loved. 15 16 At the time of Mia's injury on December 2, 2012, Mia was 16 and a junior at Rowe High 17 School. Mia has always been crazy about soccer; she dreamed of playing in the pros like her 18 idols Cindy Parlow and Mia Hamm. She watched soccer every chance she could get, and she 19 begged me to take her to college games at University of Portland not far from here. So when she 20 made it onto the top competitive soccer team with the Rubicon Soccer Club at age 13, Mia was 21 thrilled. She knew that many Rubicon players have earned soccer scholarships to college, so it 22 seemed like the first step to reaching her dreams. I had to fill out a pile of paperwork to sign her 23 up, although it surprised me that she wasn't required to get a physical or give any real 24 information about past medical history or injuries; they just wanted to know if she'd had a 25 tetanus shot or suffered from allergies. 26 27 The club fees are expensive, and then you have all the costs of traveling to tournaments 28 and getting expensive cleats and uniforms. I couldn't afford it all on my salary so I had to start 29 working a second job in the evenings. It meant 1 had to find carpools to get Mia to practices, and 30 I couldn't watch all of her games like 1 used to do. But when 1 saw her joy as she made the Rowe 31 High School varsity team as a freshman, I felt like the sacrifice was worth it. She even got to 32 wear jersey # 9, just like Mia Hamm. Soon she was starting every game as a forward — a 33 "striker" — and she quickly became the leading scorer. 34 35 When Mia got her license on her 16"' birthday, it was a relief to know she could drive 36 herself to practices and games and I didn't have to keep asking favors of other parents. But I did 37 arrange my schedule so I could come to really important games, like when we played our 11 CLASSROOM LA\v PROS I,;c;1' Oregon High School Mock Trial Competition www.classroomlaw.org 1 school's biggest rival, Carthage High School, in the first playoff game last May. Mia was really 2 excited about the game; she thought Rowe might defeat Carthage for the first time ever, and if 3 they could get past Carthage, maybe they could go all the way to state finals. At halftime we 4 were leading 2 — 0, and Mia had scored one goal and assisted on the other. But about midway 5 through the second half, Mia collided with a defender when they both went up for a header, and 6 Mia went down hard. She looked woozy when she got up, so her coach, Tobin O'Reilly, pulled 7 her out right away. Coach O'Reilly is great; s/he wants to win, but not at any cost. When 8 Carthage scored, I saw Mia asking to go back in the game, but Coach O'Reilly wouldn't let her. 9 The team managed to hold off Carthage and won, 2-1! The whole team was jumping up and 10 down with excitement, although Mia mostly stayed still and just hugged her teammates, 11 12 After the game Coach O'Reilly told me that I should take Mia to the doctor the next day, 13 since she was still a bit woozy and complaining of a headache. Mia appeared to feel completely 14 fine the next morning but we went to our physician, Dr. Rick Mueller, first thing anyway. After 15 examining her, he said that Mia had a mild concussion. He told her she needed to rest and avoid 16 strenuous mental and physical activities, including soccer, for a week, then we should come back 17 for a follow-up visit. l still have the instruction sheet he gave us after her visit. 18 19 Mia rested just as Dr. Mueller ordered. But without her, the school team lost the next 20 playoff game. Mia felt really bad about that but Coach O'Reilly and all her teammates told her 21 not to worry, they'd have another chance the next year. Since soccer was finished for the season 22 and Mia said she felt fine, we never did go back for the follow-up visit with Dr. Mueller. It just 23 didn't seem necessary since the Rubicon club soccer tryouts were a month away. 24 25 Mia did well in tryouts and stayed on the top Under -17 Rubicon team with Coach 26 Michelle Foudy, although some of her good friends got dropped down to the second team. When 27 I turned in all of Mia's paperwork, I made sure to write down on the Medical Waiver form that 28 Mia had suffered a concussion in her school game on the line marked "List any unusual health 29 information" since the form does not ask for such information specifically. 30 31 Mia was really happy when her Rubicon practices started back up. Surprisingly, Mia's 32 team had a new coach, Shannon Dempsey. At the first team meeting, Coach Dempsey told the 33 girls that Coach Foudy left to care for her dad, who had been diagnosed with cancer. Mia and her 34 teammates were sad for Coach Foudy, but they were impressed to hear that Coach Dempsey had 35 played in college on a full soccer scholarship and had turned down an offer to play in the pros. 12 CLASSROOM LAW PRojEC1 Oregon High School Mock Trial Competition www.classroomlaw.org l As the top team in the Premier division, Mia's Rubicon club team was getting lots of 2 attention from college coaches. In fact, the girls were so confident of winning their division that 3 they made team shirts with the slogan "Rubicon Soccer: We Came, We Saw, We Conquered." 4 Mia was still the leading scorer, and she was playing her best soccer ever. Coach Dempsey 5 stressed hard work and instituted strict rules, and it all seemed to pay off when the team finished 6 the season undefeated. When the team signed up for a college showcase tournament in early 7 December, Mia knew it was her chance to be seen by top college coaches from all across the 8 country: UPS, UCLA and Stanford, and even University of North Carolina and Duke. I made 9 sure to work extra evening shifts early in the week of the tournament so I could watch her play 10 that weekend. I knew how important this opportunity was for Mia; she had to get a scholarship to 11 have any hope of attending a top -tier university. 12 13 The tournament was on the weekend. I didn't get to talk with Mia very much that week 14 because of my work. When I saw her for a few moments on Tuesday evening, she did seem kind 15 of quiet and stressed, but I knew she was feeling pressure to do well in the tournament. She was 16 already in bed when I got home from work on Wednesday, and I didn't get to talk with her much 17 on Thursday morning. On Thursday evening when I got home she still seemed stressed, so I tried 18 to tell her to relax and play her game, and everything would be fine. She kind of paused and 19 looked at me like she wanted to say something, but then she just said she was going to bed. On 20 Friday morning she slept through her alarm and I had to wake her up for school, which surprised 21 me because Mia was always up before her alarm. I asked if she was getting sick but she said she 22 was okay, she was just tired from all of the tests she'd had that week. I told her again to relax and 23 said I would meet her at the game that afternoon. 24 25 I got to the game after it had already started. I noticed lots of coaches on the sidelines, 26 taking notes on clipboards; I even saw some of them pointing out Mia. Mia was out on the field 27 in her usual position of striker but I noticed she didn't seem to be running as hard as usual. I 28 figured that maybe she was getting sick after all, and I hoped she'd be able to shake it off and 29 play well. With about 10 minutes to go in the first half, Mia tried to head the ball to score on a 30 corner kick, and it looked like she took an elbow to the head. She seemed a bit shaken, and co - 31 captain Megan Cheney even came over to check on her. But Coach Dempsey didn't seein to care 32 and in any case, s/he didn't pull Mia out. Soon it was halftime, with the score tied 0-0. 33 34 Mia started the second half, and she seemed to be a bit better after the short break for 35 halftime. In fact, she almost scored a goal about 5 minutes in, but the goalkeeper made a great 36 save. About 10 minutes later a teammate passed the ball to Mia right outside the penalty box, and CLASSROOM LAW PRO) Is(;T 13 Oregon High School Mock Trial Competition www.classroomlaw.org 1 Mia started dribbling toward the goal. All of a sudden a defender made a hard tackle on the ball 2 and Mia lost her balance and crashed on the ground, hitting her head. I waited for her to get up, 3 but she just lay there. The referee stopped play immediately and Coach Dempsey ran out on the 4 field. Mia still wasn't moving and, next thing I knew, 1 saw the field marshal and athletic trainer 5 run out on the field. 1 was in shock; then 1 ran out on the field. Coach Dempsey said to me, "I'm 6 so sorry, I'm so sorry; I knew Mia wasn't feeling well. I can't believe she got hurt." I saw that 7 Mia was unconscious, and 1 heard them call for the ambulance which was at the tournament to 8 come get Mia and take her to the ER. Of course I rode with them, although I don't remember 9 much of what went on. All I kept thinking was "please, let her be okay; I can't lose her, too." 10 11 At the hospital, the doctors ran tests and they said Mia had a concussion. She finally 12 woke up about an hour after we got there but she seemed really "out of it." They kept her 13 overnight for observation, and they talked with both of us about what to watch for and how it 14 might be days or even weeks before Mia fully recovered. They said that in a small percentage of 15 cases, the person can have serious, long-lasting problems. Of course, we never thought that 16 would happen to Mia, but our worst fears have come true. 17 18 Mia started having serious migraines a few days after she was discharged. She was 19 incredibly sensitive to light and noise, and she was moody and depressed. She couldn't 20 concentrate and had trouble remembering things. I kept her out of school since it was almost the 21 winter break and I hoped she would get better before the new semester started. But she didn't. In 22 fact, she hasn't been able to return to school since the injury. She still has intense headaches, 23 dizziness, and even nausea, even though it's over a year later. Because light still bothers her, we 24 have to keep our house dark, with dim blue lights or candlelight. It's so bad that she can't come 25 to testify in court, because the stress is just too much for her. 26 27 Mia's taking one class online now, but that's all she can handle. She won't be able to 28 graduate with her class this spring, and she certainly won't be going to college on a soccer 29 scholarship or playing in the pros. Her life has been completely changed, and the doctors don't 30 know if she'll ever fully recover. And I worry about her future. I mean, you read now about these 31 NFL football players who are getting early dementia, and I wonder, is that going to be Mia? Will 32 she ever go to college or be the person she could have been? 33 34 1 don't fault the game of soccer. Mia loves soccer, and obviously millions of people play 35 it without these types of problems. But 1 do fault Coach Dempsey and the Rubicon Soccer Club 36 Director Jordan Reddick. After Mia woke up in the hospital, she told me that she took a hard hit CLASSROOM ],,A \V PROSECT 14 Oregon High School Mock Trial Competition wvww.classroomlaw.org 1 to the head in practice on Monday before the tournament but Coach Dempsey never did anything 2 about it, and certainly didn't inform me about it. High schools have all these protocols in place to 3 train coaches about concussions and make sure students aren't put in danger, but the Rubicon 4 Soccer Club doesn't do anything to train coaches about concussions. Sure, the club talks about 5 good nutrition and all, but playing with a concussion can ruin a player's life. 6 7 I know I signed a waiver saying I can't hold the club accountable for injuries but, 8 thankfully, the judge ruled that the waiver doesn't keep Mia from suing them. And I wrote right 9 on the waiver form that Mia had suffered a concussion at school so that the Rubicon coach 10 would know to keep an eye on her. The Rubicon coach and club have a duty to take care of their 11 players but I think they've forgotten that in their zeal to brag about their winning teams and 12 scholarship -earning players. They should pay for the harm that Mia suffered, harm that was 13 preventable if they'd only had their priorities straight. Money can never make things right but at 14 least it can help us afford all of the therapy and educational support services that Mia will need in 15 the future. Without that, I just don't know what will become of Mia. 16 17 Of the exhibits in this case, I am familiar with the following: CDC High School Athlete 18 Fact Sheet; ACE Evaluation Form, and ACE Care Plan for Mia Perez; and the Rubicon Soccer 19 Club Medical Consent/Waiver of Liability and Release. 20 21 I hereby attest to having read the above statement and swear or affirm it to be my own. I 22 also swear or affirm to the truthfulness of its content. Before giving this statement, I was told it 23 should contain all relevant testimony, and I followed those instructions. I also understand that I 24 can and must update this affidavit if anything new occurs to me until the moment before I testify 25 in this case. 26 Casey Perez 27 Casey Perez 28 29 Subscribed and sworn before me on this day, the 23rd of August, 2013 30 r3eEk EckkaraE 31 Beth Eckhardt, Notary Public 32 15 CLASSROOM LAW POD (_7r Oregon High School Mock Trial Competition www.classroomlaw.org Affidavit of Bevin Register, Ph.D., A.T. 2 3 My name is Dr. Bevin Register; I am 45 years old and the Director of the Sports 4 Medicine Concussion Research Center, The Center is part of the Department of Exercise and 5 Sport Science at the University of Rowe, where I am also department chair and Mihalik-Marshall 6 Distinguished Professor. For nearly twenty years my research has focused on the diagnosis and 7 long-term neurological impact of sport -related concussions. More recently, our center has also 8 begun focusing on injury awareness and prevention among youth athletes. As part of our work at 9 the Center, we offer pre -concussion baseline and post -injury follow-up testing to youth athletes. I 10 saw Mia Perez in February of 2013 after her concussion in December of 2012. 11 12 I became interested in studying concussions about 20 years ago when I worked as an 13 athletic trainer for an NFL pro football team. It seemed as though we did not have a good process 14 to determine when players with concussions could safely return to play. So I earned my Master's 15 degree and my Ph.D. in sports medicine, focusing on balance testing as an objective measure to 16 confirm concussions and recovery from concussions. We can never make athletes 100% safe, 17 though; all sports carry some degree of risk. We can only do our best to reduce the risks as much 18 as possible, realizing that some percentage of athletes will continue to get hurt. 19 20 I suffered a concussion as a high school soccer player myself and, as an adult, I have had 21 two more concussions, one from a skiing accident and another from riding a roller coaster. I 22 know from personal experience that the first concussion puts you at increased risk for more and 23 how it takes less force to cause subsequent concussions. Because of all I've seen, you might say 24 I'm on a personal crusade to raise awareness about the devastating impact of multiple 25 concussions. 26 27 A concussion is a type of mild traumatic brain injury, or mTBI, caused by a blow or jolt 28 to the head. Contrary to what many people believe, only 5 - 10% of concussions involve a loss of 29 consciousness. The injury occurs from acceleration and deceleration forces shaking the brain 30 inside the skull. We've recently discovered that this movement sets off a cascade of 31 neurophysiologic changes which are more akin to "software" problems than "hardware" 32 problems such as cell death or structural changes. We see alterations in the metabolism of 33 glucose (the major fuel for the brain), temporary disruptions in neural membranes that cause 34 impaired connectivity or changes in neurotransmitters, and reduced blood flow in the brain. As 35 the brain attempts to return to normal, any additional physical or cognitive activity can cause 36 symptoms to worsen and even lead to long-term problems. 16 CLASSROOM LAW PRO JI Oregon High School Mock Trial Competition www.classroomlaw.org 1 In the last ten to fifteen years we've begun to realize how serious the long-term effects of 2 repeated concussions can be. Coaches used to encourage players to "tough it out" and get back in 3 the game; continuing to play after getting your "bell rung" was almost a badge of honor. And we 4 used to think that the brains of children and youth were more resilient than adults so we were less 5 concerned when a youth suffered a concussion. Now we realize that youthful brains are actually 6 more vulnerable and it can take youth athletes longer to recover than adults. 7 8 Every year, U.S. emergency departments treat more than 120,000 youth aged 10-19 for 9 sports and recreation -related TBIs. The numbers are highest in boys football and girls' soccer. 10 Because more boys participate in contact sports than do girls, the overall numbers are higher 11 among boys; but when you compare them across similar sports (basketball, soccer, or 12 baseball/softball), girls are twice as likely as boys to suffer from concussions. And some research 13 indicates that females may face more brain swelling and take longer to recover from concussions 14 than males do. 15 16 Immediately after a blow to the head that causes a concussion, certain signs may be 17 observed. The athlete may appear dazed or stunned; he or she may appear confused about events 18 or slow to respond to questions. He or she might seem clumsy or lose consciousness briefly. The 19 athlete might also exhibit mood swings or personality changes. It is important for coaches to be 20 alert to these symptoms, because the player might try to stay in the game and shake it off, or beg 21 to be put back in if the coach takes him or her out. Sometimes players deliberately try to hide the 22 injury from their coaches; other times the player just is not aware of what is happening because 23 he or she is not thinking clearly. We can educate athletes about the symptoms of a concussion 24 but, especially when dealing with youth players, I feel strongly that the real responsibility lies 25 with the adults in the situation: the coaches, athletic trainers, and parents. It is crucial that regular 26 training be provided to all athletic trainers and coaches working with youth in contact sports to 27 make sure that they are aware of the symptoms and proper treatment of concussions. 28 29 Generally, concussion symptoms fall into four categories. The first category involves 30 difficulty in cognitive activities. Concussed individuals may have trouble thinking clearly, 31 concentrating, or remembering new information; they may feel mentally sluggish, hazy, or 32 foggy. The second category is physical effects: nausea or vomiting (early on), headaches, blurry 33 or double vision, dizziness or balance problems, and sensitivity to light or noise. Affected 34 individuals will say that they have no energy or just "don't feel right." Third, concussed 35 individuals can experience changes in mood or emotion: they may be irritable, sad, nervous, or C].ASSROOM LAW PROJECT 17 Oregon High School Mock Trial Competition www.classroomlaw.org 1 more emotional than usual. And lastly, affected individuals can have changes in their sleep 2 patterns: either difficulty in falling asleep, or sleeping more or less than usual. 3 4 Dr. R. Dawn Comstock at the Center for Injury and Research Policy in Ohio has been 5 collecting data on the reported incidence and symptoms of concussions for high school athletes 6 across the U.S. since the 2005-06 season. Dr. Comstock obtains weekly injury and participation 7 data from Certified Athletic Trainers (ATs) at a representative nationwide sample of high 8 schools via the High School RIOTM (Reporting Information Online) study. By analyzing the data 9 and tracking trends over time, Dr. Comstock's research helps the National Federation of State 10 High School Associations (NFHS) to develop policies to improve athletes' safety. Data from 11 2005-06 through 2010-] 1 revealed that during a six-year period, an estimated 120,000 12 concussions were sustained by high school boys' soccer players nationwide and 170,000 13 concussions by high school girls' soccer players. The girls' concussion numbers were higher 14 even though the NFHS reports that 10% more boys than girls play high school soccer each year. 15 And these numbers undoubtedly underestimate the true incidence, as they only reflect the 16 concussions that were known to the athletic trainers. 17 18 Dr. Comstock found that while headaches are the most commonly reported symptom 19 among all athletes — approximately 90% report headaches — boys and girls differ in their 20 exhibition of other symptoms. For instance, more boys than girls experience amnesia (27% 21 versus 14%), loss of consciousness (5% versus 2%), and tinnitus (11% versus 5%). In contrast, 22 girls more often report difficulty in concentrating (55% versus 41%), sensitivity to noise (19% 23 versus 12%), nausea (33% versus 24%), and feelings of drowsiness (34% versus 18%). It is 24 important to be aware of these differences so we don't overlook girls who have sustained a 25 concussion. While many people are aware that amnesia or loss of consciousness are symptoms of 26 concussions, complaints of drowsiness or sensitivity to noise may be attributed to busy teen 27 lifestyles rather than recognized as indications of a possible concussion. 28 29 When an athlete is suspected of having sustained a concussion, it is very important that 30 he or she be removed from play right away and not be allowed to go back in the game that day. 31 The athlete needs to be evaluated by a health care professional who is knowledgeable about 32 assessing and treating concussions. Diagnosis still largely depends upon observed symptoms and 33 the patient's report, as CT scans and MRIs appear normal unless the injury is severe enough for 34 intracranial bleeding. 35 CI ss] o I Ln\V PzoJE i' 18 Oregon High School Mock Trial Competition www.classroomlaw.org 1 Physicians frequently use an "Acute Concussion Evaluation," or ACE, questionnaire 2 when interviewing a person thought to have sustained a concussion. The ACE notes the 3 characteristics of the injury, patient symptoms, and risk factors such as previous concussions or a 4 history of headaches that may indicate a full recovery could take longer than normal. After 5 evaluating the patient, the physician should give the individual an ACE Care Plan sheet detailing 6 what the patient should and should not do, and what types of follow-up are recommended. Mia 7 was evaluated using an ACE the day after she sustained a concussion while playing on her 8 school soccer team. It would have been important for Mia to tell her future coaches about that 9 concussion; I do not know whether her coaches were informed or not. 10 11 After sustaining her first concussion last spring, Mia was at greater risk for a subsequent 12 concussion even with a lesser application of force. A study conducted by McGill University in 13 Montreal found that college soccer players who sustained one concussion were 4 to 6 times more 14 likely than uninjured players to sustain a second concussion. It is critically important for 15 organizations involved in youth athletics, whether schools or clubs, to ask incoming players 16 about any past incidents of concussions so they will know to monitor affected players more 17 closely. Any failure to specifically ask for such information is unthinkable; no responsible 18 organization could possibly fail to recognize the importance of such information. 19 20 Most players who have sustained a mild concussion are symptom-free within a week to 21 ten days, but it takes others much longer to recover. According to the RIOT"I data, concussion 22 symptoms resolved within 6 days for 83% of high school boys' soccer players and 75% of high 23 school girls' soccer players, leaving a substantial percentage with symptoms lasting a week or 24 longer. Since adolescent brains are still developing, it is better to err on the side of caution when 25 evaluating return -to -play: "When in doubt, sit them out." Individuals vary greatly in the time 26 needed for a full recovery, and sometimes after physical symptoms have resolved, the player 27 may have lingering cognitive impairment or brain metabolism abnormalities. 28 29 Rest is a key part of recovery, and this includes rest from learning and mental stimulation 30 as well as physical rest. Youth athletes often feel stressed by the need to take time to recover, 31 feeling that they should "work through" their symptoms so they do not fall behind in their 32 schoolwork or lose athletic fitness. It is very important for coaches, parents, athletes and school 33 personnel to support the athlete's need to take sufficient time to recover. Research shows that it 34 is even more critical to allow sufficient time when an athlete has suffered a repeat concussion. 35 For instance, after a second concussion, a player should sit out for a minimum of 2 weeks even if 36 the symptoms all clear up within 30 minutes of the incident. 19 CLASSROOM LAW PRoJRCI' Oregon High School Mock Trial Competition www.classroomlaw.org 1 An athlete should be completely free of symptoms at rest and have no symptoms with 2 cognitive stress (such as reading or schoolwork) before starting on a gradual progression to 3 return to play. If symptoms return at any point, the athlete must stop and rest; when they are 4 symptom-free, they must return to the previous stage that they completed without symptoms. It is 5 important that the athlete not progress too quickly and that he or she pay careful attention to any 6 recurring symptoms and honestly report those to their parent, coach, or athletic trainer. While a 7 coach or athletic trainer can observe symptoms such as poor balance, the athlete must be willing 8 to report other symptoms like difficulty concentrating which the coach cannot see as readily. 9 10 In my evaluation of Mia Perez at the Center in February, I conducted a number of 11 assessments, including computerized cognitive testing, computerized balance testing, clinical 12 cognitive and balance testing, symptom assessment, and an assessment of her history of 13 concussion. All of her test results showed that she was suffering from post -concussive syndrome. 14 During my evaluation she displayed difficulties with visual and recall memory, slowed 15 information processing, and inattentiveness. She was experiencing ongoing and severe 16 headaches, including migraines; other physical symptoms included poor balance, sensitivity to 17 light and noise, and unusual sleepiness. Mia also reported mood swings, intolerance to stress, and 18 feelings of depression. All of these symptoms made it impossible for her to attend school or take 19 classes online. I evaluated her again in early August, and although her symptoms were 20 marginally improved, she was still unable to tolerate more than one online class for school. Her 21 low tolerance for stress, continuing headaches, and sensitivity to light and noise will certainly 22 decrease the likelihood of her ability to be present in the courtroom. 23 24 From my assessments and interviews with Mia and Casey Perez, it appears that Mia may 25 have suffered one concussive event on Monday, November 26, and very likely suffered two 26 concussive events on December 2, 2012. The die was cast when Coach Dempsey left Mia in the 27 game after the first event on December 2, for the occurrence of a second blow in the same game 28 is almost certainly a key factor in her ongoing and debilitating problems. We know that in the 29 recovery phase, rest and avoidance of a second head injury is imperative; when [cerebral] blood 30 flow is low las occurs after a concussion], another injury could be catastrophic. If the coach had 31 recognized Mia's symptoms and removed her from the game after the first incident, Mia almost 32 certainly would have received more appropriate and timely care, greatly increasing her chances 33 for a full recovery. Given the seriousness of her condition more than a year after her injury, it is 34 strongly likely that Mia will continue to suffer significant physical and cognitive problems for 35 the rest of her life. It is heartbreaking to know that a young woman with a bright future ahead of 36 her has almost certainly had that future snatched away, all because a soccer club and soccer CLASSROOM LAW P ojEcr 20 Oregon High School Mock Trial Competition www.classroomlaw.org 1 coach were too blind to see what was right in front of their faces. We have to do whatever it 2 takes to put a stop to this type of tragedy. Max's and Jenna's laws passed by the Oregon 3 legislature in 2009 and 2013, respectively, are a good start. 4 5 Of the exhibits in this case, I am familiar with the following: ACE Evaluation Form and 6 Care Plan for Mia Perez; CDC Fact Sheet: "Facts About Concussion and Brain Injury"; Sports 7 Concussion Fact Sheet SB 721: Jenna's Law; and my own Curriculum Vitae. 8 9 I hereby attest to having read the above statement and swear or affirm it to be my own. I 10 also swear or affirm to the truthfulness of its content. Before giving this statement, I was told it 11 should contain all relevant testimony, and I followed those instructions. I also understand that I 12 can and must update this affidavit if anything new occurs to me until the moment before I testify 13 in this case. 14 15 16 17 18 19 20 21 Bevin Register, PhD, AT Subscribed and sworn before me on this day, the 23"° of August, 2013 13eEk EckkardE Beth Eckhardt, Notary Public 21 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org 1 Affidavit of Tobin O'Reilly 2 3 My name is Tobin O'Reilly. I am 35 years old. I teach Sports Medicine, Health, and PE 4 at Rowe High School in Rowe, Oregon. I also coach the boys' and girls' varsity and JV soccer 5 teams. I've always wanted to coach and teach at the high school level because I love seeing 6 students' excitement when they learn a concept or skill for the first time. And RHS is a great 7 place to work! As the only high school in town, we have fantastic community support for all of 8 our programs. When we play our arch -rivals from Carthage High School in soccer on a Friday 9 night, the bleachers are packed with students and townspeople cheering on our team! 10 11 I've always loved soccer; I played in high school myself and became a FIFA -certified 12 soccer referee to help pay for college. I even earned a scholarship to play soccer at the University 13 of North Carolina where I majored in Exercise and Sports Science with a minor in Coaching 14 Education. Before I graduating, I began coaching youth soccer part-time at Triad Soccer Club 15 and started attending soccer coaching courses. 1 eventually earned my NSCAA (National Soccer 16 Coaches Association of America) Advanced National Coaching Diploma, their second highest 17 certification. It is an intense course, equivalent to a USSF "B" level license. 18 19 After I earned my Advanced National Diploma, I heard that Rubicon Soccer Club was 20 looking to hire a club Director. Rubicon was still very new at that time, and the position sounded 21 like a great opportunity, maybe the only thing that could have lured me away from teaching at 22 RHS. 1 applied for the position and thought my interview went well but Rubicon hired Jordan 23 Reddick. I couldn't believe it. Sure, Jordan had played pro ball and I hadn't, but other coaches at 24 Triad Soccer Club said that Jordan was too focused on winning without regard to player safety. 25 In fact, they were relieved when Jordan left. I had to agree; I had seen Jordan's angry behavior 26 on the sidelines when his/her team wasn't playing well. On more than one occasion, I saw Jordan 27 kick chairs or trashcans when his/her team was losing, and Jordan often yelled insults at players 28 who made mistakes. I hate to admit it, but I kind of lost my head and posted some nasty 29 comments about Jordan on the online soccer coaches' forum. It wasn't the wisest idea, but I felt 30 pretty strongly that Jordan got the job that should have been mine. 31 32 I learned a lot about general sport safety and fitness in my college classes and coaching 33 certification courses. I know that sports injuries can hurt the whole team so I do everything I can 34 to keep our players healthy. I make sure they are hydrated and eat the right kinds of foods before 35 and after games and practices. 1 talk with them about getting enough rest and, of course, about CLASSROOM LAW PROJECT 22 Oregon High School Mock Trial Competition www.classroomlaw.org 1 keeping their schoolwork as their top priority. A few of them will be able to play ball in college 2 but most of them won't, so I emphasize that they need to have good grades to stay on the team. 3 4 When I first started coaching, we didn't learn much about concussions in my training 5 classes. We mostly learned about sprains, strains, hydration and that sort of thing. But several 6 years ago I heard in the news about several high school football players who died after suffering 7 a second concussion in a game or practice. I knew soccer players sometimes got repeat 8 concussions — I had a teammate in college who had short-term memory problems and recurring 9 headaches after several concussions — so I started reading all I could about concussions. We 10 didn't have enough money to hire athletic trainers at RHS — that made it my job to stay on top of 11 current research in the field. 12 13 In 2010,1 learned about the "Heads Up" concussion awareness initiative of the Centers 14 for Disease Control and Prevention and Oregon's Max's Law. The CDC provides a free online 15 training video for coaches, as well as fact sheets for student -athletes and parents. The 16 information is incredibly helpful; it tells the signs and symptoms of concussions, how to prevent 17 them and what to do if you suspect an athlete has a concussion. The website has a guidebook for 18 high school coaches, and clipboard stickers and wallet cards that make it easy to keep the 19 information with you. That fall I began implementing the CDC recommendations at the 20 beginning of the season. I sent home the CDC high school athlete and parent fact sheets with all 21 my students because I wanted to make sure that my players knew not to hide their symptoms or 22 try to "play through" the pain. I put up several CDC posters in my office and in the gym to 23 remind students to take concussions seriously. As those posters say, "When in doubt, get 24 checked out; it's better to miss one game than the whole season." Soccer is a great game, but it is 25 just a game. I would never risk a player's health for a win. 26 27 Our boys' soccer team advanced far into the playoffs in the fall of 2011 and, when the 28 girls' season began in the spring of 2012, I knew they had the potential to make the playoffs, too. 29 Mia Perez, a "striker" and our leading scorer, already had a year of experience on the varsity 30 team since she made the team as a freshman. I had never had a player like Mia. She was fast, had 31 wonderful ball control, could place her shot exactly where she wanted it, and had an intuitive feel 32 for the game. She had an incredible work ethic and her example inspired the other players. She 33 was well -liked and respected by all of her teammates, even the seniors, and they voted her as a 34 co -captain at the beginning of the spring. I knew that if any of my players had the potential to 35 play in college or the pros, it was Mia. CLASSROOM LAW PROJECT 23 Oregon High School Mock Trial Competition www.classroomlaw.org 1 The team, and Mia in particular, certainly lived up to my expectations. We were 2 undefeated going into the playoffs, and our first playoff game was against our archrival, 3 Carthage High School. We hadn't played them in the regular season; the game was rained out 4 and we were never able to reschedule it. So I think the whole town was in the bleachers when we 5 faced Carthage at home in May. We really dominated in the first half; Mia scored a goal and sent 6 a beautiful cross in to get an assist on another goal. I'd never seen the girls play better. With a 2- 7 0 lead at halftime, we were focused and confident going into the second half. 8 9 But about 20 minutes into the half, Mia collided with a Carthage player when trying to 10 score on a header. Mia went down and seemed to hit her head on the ground. She took a minute 11 to get up and looked kind of dazed, so I pulled her out right away. I asked Mia some questions 12 based on my CDC clipboard sticker. She answered my questions slowly and she said she was 13 feeling "foggy." It was clear to me that she might have sustained a concussion so I told her she 14 would need to sit out for the rest of the game. Ten minutes later Carthage scored and Mia begged 15 to go back in, but there was no way I was going to do that. I'd rather lose the game than risk my 16 player's health. 17 18 Carthage came close to scoring but our defenders were great, and we won 2-1. The crowd 19 and all the players went wild, except for Mia. She had a huge grin on her face but she didn't try 20 to dance around like the other girls. After things calmed down, I spoke with Mia and her parent 21 and told them she needed to go to a doctor the next day because I suspected she might have a 22 concussion. They both assured me they would do that first thing. When she left that night, Mia 23 said "Don't worry, Coach, I'll be ready to play the next game." I didn't say anything but I knew 24 that was unlikely. 25 26 Max's Law became law in Oregon in 2009 and it requires schools to follow a particular 27 procedure before allowing athletes to return to play after a concussion. The law meant that Mia 28 wouldn't be allowed to return to play until she had medical clearance. That was okay with me 29 because my players' health and well-being comes first. The law didn't apply to clubs like 30 Rubicon but that changed this summer when the legislature passed Jenna's Law. It was named 31 for a gold medal skier from Sisters who had at least ten concussions before hanging up her skis 32 and so, now, clubs have to follow procedures to protect players, too. A Fact Sheet about sports 33 concussions, Max's Law, Jenna's Law and so on are easy to find on the internet. I also got a cell 34 phone app that helps coaches determine right on the sidelines whether a player may have 35 suffered a concussion — well worth the $4 cost, in my opinion. At RHS we developed emergency 36 plans and give instruction sheets to our students and parents in compliance with the law. 24 CLASSROOM LAW PROJECI' Oregon High School Mock Trial Competition www.classroomlaw.org 1 Anyway, Mia did see a doctor the next day and I learned that he said she needed to rest 2 for a week and then return to see him. Without Mia in the game on Saturday, we lost a close 3 match to the Gallic High School team. Of course Mia and her teammates were disappointed, but 4 I told them we would be even better the next year, and the important thing was that everyone 5 played their best. 6 7 As a junior that year, Mia didn't have to take PE as a required course. Yet she signed up 8 for my Tuesday -Thursday "Advanced Personal Fitness" class where students increase their 9 fitness through high-intensity aerobics, circuit training, Tae -Bo, Zumba and weight training. Mia 10 seemed to enjoy the class and said it gave her a nice break from all of her AP and Honors 11 courses. She always went all-out in class and often encouraged other students who were not as 12 athletic as she was. That's why I remember thinking that she must be getting sick the week after 13 Thanksgiving when she asked to sit out halfway through our Zumba session on Tuesday. When I 14 asked if she was okay, she said she had a bit of a headache from all of her studying for tests that 15 week. On Thursday she didn't seem any better so I gave her a pass to go to the library to study 16 instead of sitting around in the gym. She had talked about having a big club soccer tournament 17 that weekend, so I hoped she would recover in time to play. 18 19 The next Monday I heard that Mia had sustained a serious concussion at the soccer 20 tournament. She has not come back to classes on campus at all since that weekend because of her 21 lasting injuries. I am devastated to hear that Mia, such a promising athlete and student, has 22 suffered such serious long-term problems because of that concussion. I don't know the specifics 23 of her injury but I do know that if a coach doesn't recognize the symptoms of a concussion and 24 keeps a player in the game who has taken a hard hit, it can lead to problems like this. And, 25 unfortunately, Max's Law only applies to public schools not to club soccer organizations, and 26 Jenna's Law just passed this summer so it didn't apply. Even so, all coaches are still responsible 27 for the safety of their players. The dangerous effects of concussions had been in the news long 28 before Mia was injured in December, and the CDC materials have been available online for 29 several years. Any reasonable coach or club who cares about their players would have taken 30 steps to educate themselves and their team families about concussions even without being 31 required to do so by law. I did it before Max's Law because it's just the right thing to do. 32 Tragically, it takes a lawsuit to make some people realize that concussions are no joke, so they 33 need to take their responsibilities seriously. 34 25 CLASSROOM LAW PROJ I:CT Oregon High School Mock Trial Competition www.classroomlaw.org 1 Of the exhibits in this case, 1 am familiar with the following: CDC High School Athlete 2 Fact Sheet; CDC High School Coaches' "Heads Up" Clipboard Sticker; CDC High School 3 Athletes' Signs and Symptoms Poster; and Sports Concussion Fact Sheet SB721: Jenna's Law. 4 5 I hereby attest to having read the above statement and swear or affirm it to be my own. 1 6 also swear or affirm to the truthfulness of its content. Before giving this statement, I was told it 7 should contain all relevant testimony, and I followed those instructions. I also understand that I 8 can and must update this affidavit if anything new occurs to me until the moment before I testify 9 in this case. 10 11 Tobin O'Reilly 12 Tobin O'Reilly 13 14 Subscribed and sworn before me on this day, the 23" of August, 2013. 15 l?eEk EckkardE 16 Beth Eckhardt, Notary Public 17 26 CLASSROOM LAW PRO]1,CI' Oregon High School Mock Trial Competition www.classroomlaw.org Affidavit of Shannon Dempsey 2 3 My name is Shannon Dempsey. I am 27 years old. In 2009 I began coaching soccer full - 4 time for the Rubicon Soccer Club after graduating from Julian College in Rowe, Oregon, with a 5 degree in communications. I played soccer at Julian on a full scholarship, and I was the second 6 leading scorer on my team in my senior year even though I played midfield. I also coached part - 7 time at Rubicon during my last two years in college. When I graduated, I got an offer to play in 8 the pros but I turned it down because the money for pro players in the US isn't all that great 9 unless you're a superstar. Rubicon Soccer Club Director Jordan Reddick told me I could coach l 0 three teams and go full-time if 1 wanted, and I could use my communications training to help 11 market the club and update the website. It sounded good to me, so I did. I've been really happy 12 with the decision to work for Rubicon. It is the best club in the state and a lot of our players have 13 gone on to play in college. 14 15 Right now I'm coaching the Under -14 boys' premier team, the U-15 second division 16 classic boys' team, and the U-16 first division boys' team. Club soccer is divided into different 17 competitive levels, with premier level soccer being the highest statewide division, followed by 18 first division classic teams, second division classic teams, and challenge level teams. Below the 19 challenge level teams are recreation level teams which usually have volunteer coaches and 20 players who are just playing for fun. Although I've coached both genders, I enjoy coaching the 21 boys' teams more than the girls' because the guys are more focused on the competition and there 22 is less social drama. I have a harder time telling what the girls are thinking but the guys just blurt 23 it all out. 24 25 Before I could start working for Rubicon full-time, I had to obtain my National "D" level 26 soccer coaching license from the U.S. Soccer Federation. USSF is the only organization allowed 27 by the international soccer federation ("FIFA") to issue coaching licenses in the U.S. The 28 licensing course was pretty intense. It lasted six days and included classroom instruction, 29 homework and sessions where we had to plan and lead practices. The course covered learning 30 styles of players, soccer techniques and soccer tactics. We also had a short session on the care 31 and prevention of injuries which mostly focused on strains and sprains, broken bones and heat 32 exhaustion. We barely touched on concussions. To pass the course I had to pass oral, written, and 33 practical field evaluations. I think that out of the 30 people taking the course with me, only 20 of 34 us earned our National "D" license without having to repeat the course. 35 36 After I got my "D" license, the club moved me up from coaching challenge teams to C,Id1SSROOVILAW PRoJEcT 27 Oregon High School Mock Trial Competition www.classroomlaw.org 1 coaching three classic level teams. 1 was glad for the promotion because it meant I got to coach 2 players who were more talented and motivated. Don't get me wrong, I enjoyed the enthusiasm of 3 the challenge level players but I felt that my skills were put to better use with the more skilled 4 players. I asked to coach mainly boys' teams so that's all that I did for the first few years. 5 6 In early July of 2012, Michelle Foudy, the coach of the Rubicon U-17 girls' Premier 7 team, found out that her dad had been diagnosed with cancer and wouldn't live past Christmas. 8 She was devastated and left to be with him right away. Rubicon doesn't have assistant coaches 9 for the teams so the club needed someone to step in and take Michelle's place. Most of the other 10 full-time coaches already had four teams so, when Jordan Reddick asked if I was up to the job, I 11 jumped at the chance. It would be my first time coaching girls but I couldn't turn down an 12 opportunity to coach one of the top teams in the club. I've always gotten along great with my 13 players so I figured I could handle it. 14 15 Michelle had evaluated the players at tryouts and picked the maximum of 18 players. 16 They had already turned in all of their paperwork to the club administrator, who had given the 17 team medical forms to the team manager. I didn't ask to look at the forms; I figured I'd get them 18 if a player ever got injured and we needed to know her insurance information. The team hadn't 19 started practicing yet so I called a meeting to get to know everyone, and I brought watermelon to 20 help put everyone at ease. The girls seemed impressed by my background. And although they 21 were certainly concerned for Coach Foudy, they seemed to accept the coaching change without 22 complaining. When we began holding our regular practices on Mondays, Wednesdays, and 23 Thursdays, I was very impressed by their skills and teamwork. I knew that with a bit of luck, we 24 were going to have a great season. And, if the team did well, that would help solidify my 25 reputation in the club, too. So 1 wanted to make sure 1 helped the girls to win. 26 27 The club website has links to great information on sports nutrition and hydration so I 28 made sure the girls knew what to eat and drink to help them perform their best at practices and 29 games. Rubicon is also involved in an ACL Injury Prevention study in partnership with Julian 30 College. It's a pretty cool program; it seemed to be working because none of my players ever 31 tore their ACL. 32 33 Coaching girls was different than coaching guys. Girls seemed to need more time to 34 socialize. It took some getting used to and maybe I might have come across as a bit stern at first. 35 I always try to treat my players equally and make sure that I maintain a professional relationship 36 as a coach, not as a "friend." 1 got the feeling that 1 was different from Coach Foudy in that CLASSROOM LAW PROJECT 28 Oregon High School Mock Trial Competition www.classroomlaw.org 1 respect. Since I saw my primary purpose as making them the best soccer players that they could 2 be, I didn't really take time for a lot of small talk about school or their boyfriends. 1 figured that I 3 was better off staying out of all of the drama. 4 5 The girls were highly motivated to finish the season undefeated so they could advance 6 from statewide Premier level play to the multi -state Regional Premier division in the next season. 7 At least six of the girls were hoping to earn college scholarships and they knew that advancing to 8 Regional Premier would get them a lot more exposure to college coaches. So the players worked 9 incredibly hard in practice and really stayed focused. Team co -captain Mia Perez was a big part 10 of that. She had an incredible work ethic and really set a high standard for the rest of the girls to 11 follow. She also organized "team bonding" times outside of practice because she said it would 12 help the team be cohesive on and off the field. I wasn't part of those gatherings, but it did seem 13 to make the team closer. 14 15 All of their hard work paid off and the team won every game in the regular season. 16 Incredibly, all of my players had made it through the season without injury. Mia was amazing 17 playing as a striker. She scored at least one goal in every game, two goals in two games, and a 18 "hat trick" (three goals) in one game! She clearly had the potential to play in college and maybe 19 even in the Olympics or the pros. We went on to win the State Cup championship two weeks 20 before Thanksgiving. I knew that the team's success had caught the eye of Jordan Reddick and I 21 figured I would have my pick of teams for the next year. All we had left now was the December 22 College Showcase tournament, one week after Thanksgiving. 23 24 Mia was especially excited about the College Showcase because she knew a lot of the top 25 college coaches were planning to be there. I think several coaches were attending specifically to 26 see Mia so I wanted to give her as much playing time as I could. College Showcase tournaments 27 are a bit unusual; winning the game isn't the most important thing, being seen is. So players 28 usually don't play quite as roughly as in a typical tournament because they can't play if they get 29 hurt. I figured that since all of my players made it through the season without injury, we were 30 probably home free now. 31 32 We didn't practice the week of Thanksgiving but resumed practice the next Monday. 33 During the scrimmage at the end of practice, Mia was tripped, fell, and hit her head on the 34 ground pretty hard. She was slow to get up and she seemed confused for a moment about where 35 she was. She was also holding on to her head and saying that she felt a little dizzy so I made her 36 sit out the last 10 minutes while I finished leading practice. As soon as practice ended, Mia CLASSROOM LAW PROJECT 29 Oregon High School Mock Trial Competition www.clas s ro omlaw. org 1 headed to her car before I could talk with her. I meant to call and check on her but it was too late 2 when I got home and it slipped my mind the next day. 3 4 Mia emailed me on Wednesday to say she had had a big test and couldn't make practice. 5 That was unusual; I think it was the first practice she had missed all season. On Thursday we just 6 had a light practice; I mainly spent the time reviewing the scouting reports on our opponents. 7 Mia seemed tired and quieter than usual. When I asked her how her test had gone, she acted 8 confused for a moment and then said it went okay. She said she had a bit of a headache from 9 stress and staying up late studying but she'd be fine by our game the next day. I didn't think 10 much else about it; I could remember pulling all-nighters before important tests and knew it 11 could really wipe you out. I figured she'd rest up that night because 1 knew how much it meant to 12 her to impress the college coaches. 13 14 On game day everyone, including Mia, was excited to get going. We were playing a team 15 from Triad Soccer Club that was good but not great. I figured we should be able to put lots of 16 goals on the board and that would make Jordan Reddick happy. Jordan always liked it if we 17 could beat his/her old club. Lots of college coaches were at our field, and I heard several of them 18 mention Mia's name specifically. I wanted to give Mia as much playing time as I could so they 19 could get a good look. 20 21 Mia and the other co -captain, Megan Cheney, led the warm-ups and I started them in 22 their usual positions at striker and center midfielder. But about 10 minutes into the game, I 23 noticed that Mia wasn't playing as well as usual so I subbed her out to check on her. She said she 24 was just a little tired still and she begged to go back in so she could show the college coaches 25 what she could do. After she drank some water, I subbed her in and she did play better. She was 26 in a perfect position to score on a header when we got a corner kick near the end of the half, but 27 she sent the ball over the goal. I think she might have gotten jostled by a defender but the referee 28 didn't call a foul. Mia sort of stood around for a minute looking disgusted that she didn't score 29 and Megan went over to encourage her. Then Mia jogged back into position, although not with 30 her usual energy and enthusiasm. I didn't think anything of it at the time. 31 32 The first half ended with the score tied 0-0. The team was playing okay but not up to its 33 potential so I got after them at halftime. Sure, winning isn't the most important thing in a College 34 Showcase but goals are always impressive to college coaches and we should have been beating 35 that team easily. After I finished, Mia told me, "don't worry, coach, I'll get a goal for us," and 36 she ran onto the field. Immediately Megan came over to me and said that she was concerned 30 CLASSROOM'] LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org 1 about Mia and maybe I should pull her out. She said that she knew that Mia wanted to play but 2 that she just didn't seem like herself. Megan also said something about asking Mia if she was 3 okay "after she took an elbow on that header" but she got a blank look and didn't say anything. 4 Before I could reply, the referee blew his whistle to start the second half and Megan had to run 5 onto the field. 6 7 I thought about yelling for a sub to pull Mia out but she had seemed so eager to get back 8 on the field that I decided to just watch her. Five minutes later Mia sent a rocket toward the goal 9 but the goalkeeper made an amazing save. Unlucky! Mia seemed back to her usual self; I knew it 10 was just a matter of time until she would score. Maybe 10 minutes later a teammate sent a 11 beautiful pass to Mia just outside the penalty box and Mia took a touch on the ball to get ready to 12 shoot. From out of nowhere a defender rushed at her and tackled the ball hard, and Mia lost her 13 balance. She didn't even have time to put out her arms to stop her fall, and she hit her head on 14 the ground really hard. The referee was sprinting over blowing his whistle; I figured he would 15 call for a penalty kick and Mia would get her goal after all. But Mia didn't get up, and she wasn't 16 moving. The referee motioned for me to come out on the field and, when I got there, I saw that 17 Mia's eyes were closed and it looked like she was unconscious. The field marshal and athletic 18 trainer ran out, too, and they radioed for the ambulance to come and get Mia. Casey Perez had 19 run out on the field, too, and I said how sorry I was that Mia had gotten hurt and how I was sure 20 she would be okay. 21 22 After the game ended, 1 called Casey's cell phone to get an update on Mia. It must have 23 been three hours later before I got a call back. Casey said that Mia had a serious concussion and 24 that she was going to stay in the hospital overnight for observation. Casey said Mia had 25 mentioned something about hitting her head in practice on Monday and why didn't 1 make sure 26 Casey knew about it!?! Casey also told me that Mia had suffered a concussion in the spring on 27 her school team and I should have known to keep a closer eye on her. That was the first thing I 28 had ever heard about a previous concussion! Neither Casey nor Mia had ever mentioned it to me 29 before. 30 31 After Casey told me that, I looked at Mia's Medical Waiver form in the team manager's 32 notebook. I saw that the form mentioned Mia's concussion from the spring. Even though the 33 team manager brought those forms to all of our games as she was required to do, I had never read 34 through them before. I guess I should have read them all but it just didn't occur to me in the 35 busyness of the transition back in the summer. 36 31 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org 1 If I had known about Mia's previous concussion, I would have watched her more closely 2 but I don't know what I could have done differently. 1 knew she hit her head in practice on that 3 Monday but players hit their heads in practice all the time. She wasn't knocked out or anything 4 so I figured she was okay. I mean, when I was playing soccer in college we just played through 5 the pain; a little dizziness didn't stop me from playing. I've always thought you had to be 6 unconscious to have a concussion. 7 8 I am truly sorry that Mia is still having so many problems. She was always a leader on 9 the team and had so much potential. I would never do anything on purpose to put her in danger. 10 But I can't be expected to read a player's mind, especially if the player tells me that she's just 11 tired from studying, what am I supposed to do? Am I really supposed to pull out every player 12 who complains of a headache or a little dizziness after taking a hit in a game? Soccer is a 13 physical sport; top players have to be tough. 14 15 Of the exhibits in this case, I am familiar with the Rubicon Soccer Club Medical 16 Consent/Waiver of Liability and Release. 17 18 I hereby attest to having read the above statement and swear or affirm it to be my own. I 19 also swear or affirm to the truthfulness of its content. Before giving this statement, I was told it 20 should contain all relevant testimony, and I followed those instructions. I also understand that I 21 can and must update this affidavit if anything new occurs to me until the moment before I testify 22 in this case. 23 24 25 26 27 28 29 30 31 32 33 34 35 Shannon Jefnp5ey/ Shannon Dempsey Subscribed and sworn before me on this day, the 27th of August, 2013. 13eEk EckkardE Beth Eckhardt, Notary Public 32 CLASSROOM LAW PRO J1 Oregon High School Mock Trial Competition www.classroomlaw.org Affidavit of Jordan Reddick 2 3 My name is Jordan Reddick. I am 39 years old and have been the Director of the Rubicon 4 Soccer Club since 2006. I attended Julian College on a soccer scholarship and started at center 5 back (defender) all four years. I earned my bachelor's degree in Sport Administration in 1995, 6 which included coursework in sport marketing, statistics, finance, licensing, facility and event 7 management, and community relations. After I graduated I played professionally for a few years 8 before coming back home to Oregon in 1998. I put all my knowledge to use by coaching youth 9 soccer part-time at Triad Soccer Club while working as Director of the Parks and Recreation 10 Department in the town. In 2004 I became the fulltime Director of Player Development for the 11 Under -15 through Under -18 year old teams at Triad, but I soon realized that 1 disagreed with the 12 Triad Board of Directors over their coaching philosophy. The Triad teams were 13 underperforming, in my opinion; they should have been winning State Cup championships with 14 the talented players in the club. When I was offered a position at Rubicon, I was happy to leave 15 Triad. 16 17 Rubicon was the "new kid on the block" back then; the club had only been in existence 18 since 2005 and was still trying to "prove" itself. I knew that Rubicon could gain respect from 19 other clubs by producing players who earned college scholarships, so I set high standards for my 20 coaches. I insisted that all of my classic level coaches must have played in college so they could 21 demonstrate correct soccer techniques and understand how to compete at a high level. I had 22 earned my National "C" level coaching license and I required my coaches to earn a National "D" 23 license or higher (an "A" license is the highest). The certification courses are rigorous, covering 24 how to teach soccer techniques and tactics and including a short session on first aid. I knew that 25 requiring my coaches to obtain their National "D" license would make sure that they not only 26 knew how to play soccer, they would also learn how to coach soccer. 27 28 Under my leadership, Rubicon Soccer Club has excelled. We are now the third largest 29 club in the state, and every year about a dozen of our players earn college soccer scholarships. 30 We have twenty classic boys' and girls' teams in the Under -15 to Under -18 age groups, eight of 31 which are at the highest "Premier" level of play. All of our Premier teams attend at least three 32 tournaments every year in addition to the State Cup championship, and our club office is full of 33 their trophies. Between our recreational, challenge, and classic teams, we have over 2000 34 athletes playing soccer at Rubicon. 1 think our club success proves that we are on the right track, 35 and the huge turnout of players at tryouts every year shows that the parents think so, too. 36 CLASSROOM LAW PROJECT 33 Oregon High School Mock Trial Competition www.classroomlaw.org 1 In order to get qualified coaches, I have to pay them appropriately so club fees for the 2 classic players are not cheap. For the high school age players (U15 -- U18) who only play club 3 ball in the high school off-season (fall club ball for girls, spring for boys), club fees are $1200 4 per year, plus a $250 registration fee, plus $300 for the uniform, plus the cost of attending 5 tournaments. Altogether it probably costs $3000 per year for players on the top classic teams. 6 Our fees are in line with the other clubs, and we do have some scholarship money available for 7 players who can demonstrate a need. 8 9 Each team has one paid coach and a volunteer manager; we do not have money for paid 10 assistant coaches or athletic trainers. We are not unusual for not having trainers; only the largest 11 soccer club in Oregon has an athletic trainer on staff. However, we do have an association with 12 the sports medicine department at Julian College. The college provides athletic trainers at our 13 club -hosted tournaments, and we refer players who need services to their trainers and physical 14 therapists. It's a great arrangement; the sports medicine students at Julian College get hands-on 15 experience and we get services for free. 16 17 Our players' health and safety are very important to us. We emphasize health and injury 18 prevention in our club because I know from personal experience what a difference good health 19 habits can make. Both in college and in the pros, I had coaches who were fanatics about proper 20 nutrition before and after games and practices. So we have links on our website to lots of 21 information about hydration, pre -game and post -game meals, and how to eat right when traveling 22 to tournaments. We also remind the players that proper rest is important because a tired player is 23 at increased risk of injury. When I checked last summer, 1 found that fewer than half of the 24 soccer clubs in the state have any kind of nutrition or hydration information posted on their 25 website, much less any additional information on injury prevention. 26 27 To show our dedication to our players' safety, just look at our ACL Injury Prevention 28 Project in partnership with Julian College. We're the only soccer club in the state that is involved 29 in this type of research project. The ACL, or anterior cruciate ligament, is one of the main 30 ligaments that stabilize a player's knee. It can get torn if the player tries to turn while her foot is 31 firmly planted, or if a player lands wrong after jumping, or sometimes during a collision with 32 another player. Female players are especially at risk for ACL tears. And it's a big deal; a player 33 who tears her ACL is likely to need surgical repair and then 6 to 9 months of rehab before she 34 can play again. So sports medicine grad students at Julian College work with players on our 35 classic teams to help them learn how to move and jump correctly to prevent ACL injuries. The 36 program seems to be working. Our players show improvement at the end of the season, and they CLASSROOM LAW PROJECT 34 Oregon High School Mock Trial Competition www.classroomlaw.org 1 have lower rates of ACL injuries than many other clubs in the state. So it's crazy to say that our 2 club isn't concerned about injury prevention and player safety. 3 4 It's true that we don't have any information or links on our website about concussions 5 although we are planning to add that before next season. 1 had always thought that serious 6 injuries from concussions happened to football players or boxers. I think there might have been 7 some articles about concussions in my coaching magazines a few years ago, but I didn't read 8 them very closely because I was setting up our ACL Injury Prevention Study at the time. When I 9 was playing soccer, the big concern for soccer players was always torn ACLs or broken bones. 10 Sure, I suffered one concussion when I played professionally and several of my teammates had 11 concussions. But we all stayed in the game or went back in the very next game and none of us 12 had any problems. According to the US Youth Soccer Association (USYS), over 3 million youth 13 soccer players are registered to play across the United States so, if concussions were such a big 14 problem, you'd expect to hear about it all the time. 15 16 The USYS isn't the only resource for soccer information. Every soccer club in Oregon is 17 a member of the Oregon Youth Soccer Association (OYSA). OYSA is a member of both the 18 USYS and the US Soccer Federation (USSF), both of which are under the oversight of FIFA, the 19 international governing body for soccer. The OYSA, USSF, and USYS are all non-profit 20 organizations designed to provide education and support for soccer players, coaches, and clubs. 21 They run the certification classes for coaches both statewide and nationally, and they help 22 organize and run statewide, regional, and national tournaments. They want to make sure that the 23 sport stays safe and fun for everyone. So these organizations post educational information about 24 health and injury prevention on their websites. 25 26 1 was not aware of any information about concussions on the USYS or USSF sites when 27 Mia was injured. If it was on there, it wasn't immediately obvious. After Mia was injured, I did a 28 specific search on the USYS site and found concussion protocol and notification forms that were 29 posted in August, evidently for use in USYS Regional and National tournaments. But I did not 30 know about them at that time. I do know that the USSF started posting medical information on a 31 variety of topics on their site last March. Obviously, that was too late to help Mia Perez, and you 32 still have to search for it to find it. I was not familiar with Jenna's Law at all until this trial. 33 34 I have heard of the CDC but I thought they mainly tried to track down the causes of 35 disease epidemics like the flu. I do remember seeing some free "Heads Up" concussion kits for 36 coaches at a Triad Soccer Club tournament back in November. I couldn't pick one up because 35 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org 1 my hands were full at the time and I forgot to go back later to get one. I don't think any of our 2 coaches got them either; at least no one told me about getting one. 3 4 I was at the College Showcase tournament in December when Mia was injured; my own 5 U-18 classic Premier boys' team had just finished playing right before Shannon Dempsey's team 6 took the field. I always coach at least two teams every year just to keep my skills sharp, and all 7 of my coaching directors are required to do the same. Anyway, I had gone to the snack bar area 8 to grab a quick bite to eat and then had returned to the field at the start of the second half to 9 watch Shannon's team in action. I knew they were playing a team from Triad that they should be 10 able to beat easily and I was looking forward to watching the slaughter. It's especially satisfying 11 whenever a Rubicon team beats a Triad team. 12 13 I also knew Shannon had several players who were good enough to play in college 14 including Mia Perez. I figured Mia might be able to score a hat trick against this Triad team. Lots 15 of college coaches were on the sidelines as I arrived so I asked the score and was told it was 0-0 16 at the half. I heard a couple of coaches saying that they weren't impressed by Mia Perez; she 17 hadn't been working very hard at all in the first half. I was surprised to hear that because Mia 18 was probably Shannon's best player. 19 20 Mia looked a bit uncoordinated to start the second half, and she wasn't playing with her 21 usual intensity. But then she took a great shot a few minutes later, which was barely saved by the 22 opposing keeper. I figured she'd soon show those college coaches what she could do. Coach 23 Dempsey's halftime talk must have been inspiring because several of Mia's teammates were 24 playing better than I'd ever seen them play before. I was glad to hear the coaches say that maybe 25 it had been worth the trip to come watch the team after all. Keeping those college coaches happy 26 is good for them and good for Rubicon, too. 27 28 But Mia still wasn't running with her usual speed and she looked a bit confused at times, 29 like she wasn't sure where to go or what to do. I started wondering if she was sick or something. 30 Then one of her teammates sent her a great pass about 20 yards out from the goal and Mia started 31 dribbling the ball into the penalty area. The only person between Mia and the goal was the 32 keeper and, with Mia, that was practically a guaranteed goal. Then a defender came out of 33 nowhere from the side and tackled the ball hard and Mia went flying. She crashed to the ground, 34 landing hard on her head. The referee sprinted in, blasting on his whistle and I waited for Mia to 35 get up and score the penalty kick. But she didn't move and, next thing I knew, Shannon, the 36 Julian College athletic trainer, and the field marshal were all on the field huddled around Mia. I 36 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org 1 was shocked and must admit I stood there frozen, not sure if I should join them or keep out of the 2 way. I don't have any medical training and figured I couldn't really help so I stayed on the 3 sidelines. The ambulance at the soccer complex soon arrived and took Mia to the hospital. I 4 called Shannon that night to see if s/he had heard anything and was told that Mia had suffered a 5 serious concussion. 6 7 I'm very sorry that Mia was injured that day, and even more sorry that she continues to 8 have problems so long afterward. Mia is a terrific young woman and, of course, I would never 9 want her or any other player to be hurt badly from playing soccer. What happened to Mia seems 10 like a freak accident to me. After all this happened, I checked out the statistics on high school 11 sport -related concussions from Dr. Dawn Comstock at Ohio State like I was trained to do in 12 college. Dr. Comstock gathers data on the "rate of concussions per l 0,000 athlete -exposures." 13 She found that for every 10,000 high school girls competing in soccer matches on any given day 14 in the US during the 2006 through 2010 seasons, at least 8 sustained a concussion and the vast 15 majority don't involve a loss of consciousness. It's clear that serious concussions like Mia's are 16 certainly not a common occurrence although I guess when you consider how many high school 17 girls play soccer across the country, it can add up. 18 19 Looking back at all that has happened, I just don't know what Shannon or I could have 20 done to prevent Mia's injury. Rubicon was not educating our coaches about concussions at that 21 time but, as far as I know, Triad Soccer Club was the only club in Oregon handing out those 22 "Heads Up" kits to coaches. Of course, coaches from all over Oregon and even other states were 23 at that tournament. Looking back at it now, I wish I had gotten one of those kits. Evidently the 24 CDC had its "Heads Up" materials on its website but the USYS and USSF didn't make an effort 25 to publicize it to all the state associations at that time as far as I know. Maybe I should have 26 known more about concussions then — or maybe hindsight is just 20/20. 27 28 And sure, Max's Law was passed in 2009 so stories on concussions were probably in the 29 news at that time. But I didn't see them and the law did not apply to clubs anyway. And Jenna's 30 Law was not passed until after Mia's injury. We're definitely going to start doing more now at 31 Rubicon to educate our coaches and club families about concussions. I certainly hope that Mia 32 continues to get better and has a full recovery. I understand that Mia and Casey Perez are upset 33 about what happened but I don't think it's reasonable to sue us for Mia's injuries when we have 34 always tried to educate our players about health, good nutrition, and injury prevention. If we only 35 cared about winning, would we have gone to all of that trouble? CLASSROOM LAW PROJECT 37 Oregon High School Mock Trial Competition www.classroomlaw.org 1 Of the exhibits in this case, I am familiar with the following: Rubicon Soccer Club 2 Medical Consent/Waiver of Liability and Release; USYS Concussion Procedure and Protocol; 3 USYS Possible Concussion Notification, 4 5 1 hereby attest to having read the above statement and swear or affirm it to be my own. 1 6 also swear or affirm to the truthfulness of its content. Before giving this statement, I was told it 7 should contain all relevant testimony, and I followed those instructions. I also understand that I 8 can and must update this affidavit if anything new occurs to me until the moment before 1 testify 9 in this case. 10 11 Jordan Reddick 12 Jordan Reddick 13 14 Subscribed and sworn before me on this day, the 27`" of August, 2013. 15 Belk EckkardE 16 Beth Eckhardt, Notary Public 17 38 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org 1 Affidavit of Chris Durant 2 3 My name is Chris Durant. I'm a senior at Rowe High School and a classmate of Mia 4 Perez's. At least we used to be classmates until Mia was injured and couldn't come to class 5 anymore. We've been friends since middle school when we both ran track. Mia used to say that 6 track made her run fast and that helped with soccer. She was always crazy about soccer, talking 7 about her heroes Cindy Parlow and Mia Hamm, and saying how she wanted to play in the 8 Olympics and pros like them. I've always been into basketball myself; I think soccer is boring 9 because everyone runs around but hardly ever scores. It's true that Mia was the top scorer on the 10 high school varsity team but winning 3-1 or 2-0 isn't exactly exciting, at least not to me. Still, I'd 11 listen to Mia go on about soccer, and she'd listen to me about basketball. She's a good friend that 12 way, always listening to the other person and caring about what they care about. That's one 13 reason why everyone at Rowe loves Mia. She doesn't care if you were a jock or a geek or a 14 slacker, she could find a way to be your friend. So it's hard for me to testify for the defense. But 15 I promised to tell the truth when I was called to testify, and that's what I'm gonna do. 16 17 When we moved from middle school to the high school, we both quit running track and 18 focused on our favorite sports. As I said, Mia made the varsity soccer team her freshman year 19 while I played JV basketball the first two years before I moved up. We had a lot of AP classes 20 together though. Mia is really smart and was in the running for valedictorian before her injury. 21 We used to study AP US History, AP English and AP Chemistry together. Mia was awesome in 22 the social sciences and I was pretty good in science and math, so we were good study partners. 23 24 We were also in National Honor Society together and we had a lot of fun working on 25 service projects in Rowe. In February 2012, Mia even organized a free soccer clinic for 26 underprivileged kids in the community and got a lot of her school teammates to come. After that, 27 I got to know them pretty well. Soon a group of us started going to the movies or hanging out at 28 the mall nearly every weekend if we could. Five or six of her teammates were on both the 29 Rubicon Club and Rowe High School teams with Mia, and it was interesting to hear them talk 30 about their different coaches. RHS does a great job of hiring coaches who care about their 31 players as people; my basketball coaches are awesome! Mia and her school teammates love 32 Coach O'Reilly; they said Coach O'Reilly has legit credentials and pushes them in practice, but 33 also emphasizes the importance of keeping school first and staying healthy. I took Advanced 34 Personal Fitness class under Coach O'Reilly in the fall of my junior year and I can see why Mia 35 and the other players are so impressed. Coach O'Reilly taught me a ton of stuff about nutrition, 36 health, and preventing injuries in addition to helping me stay fit in the off-season. 39 CLASSROOM LAW PkojEcT Oregon High School Mock Trial Competition www.classroomlaw.org 1 2 Mia and her Rubicon teammates really like Coach Dempsey, too. They said Coach 3 Dempsey played in college and had the chance to go pro but turned it down in order to coach at 4 Rubicon. I've never met Coach Dempsey but all of the players have only positive things to say 5 about the soccer skills they've learned from him/her. They have mentioned that Coach Dempsey 6 is more serious and less of a friend than other coaches but they seem okay with that. They know 7 that winning games is more important on a club team because the reputation of the club is at 8 stake; that's the whole purpose of its existence — to win games and get college scholarships for 9 its players. They said that everyone knows that Coach Dempsey expects a lot of the players and 10 will bench them for being late to practice or pull them out if they're having a bad game, but that 11 s/he does it to make them work harder and give them a better chance of getting a scholarship. 12 13 However, some kids who were no longer on the top Rubicon team with Mia would 14 complain that the club was too ruthless and too quick to demote players who were having a bad 15 day. I remember Mia being upset after tryouts because her best friend got dropped down onto the 16 second team. Mia said her friend was sick during tryouts and didn't do as well as normal, so she 17 got demoted even though she had been one of the best players. Mia said she overheard the club 18 director, Jordan Reddick, saying that s/he didn't care if the player was sick — if she couldn't 19 tough it out and do better than that in tryouts, she'd be useless in tough games, too. I clearly 20 remember Mia saying, "if the club would do that to her, would they do it to me if I had a bad 21 day?" I told Mia she was crazy to worry about it; no way would they demote Mia. But I could 22 see that it worried her, and it didn't just worry Mia. Three or four other Rubicon players nodded 23 and said that it shocked them, too. Some of the joy of the game seemed to drain out of Mia after 24 that and she often looked a bit worried if she thought she might be getting sick before a game. 25 26 Mia and I had several classes together in our junior year. We were both taking AP 27 Chemistry, AP World History, Honors Pre -Calculus — and Advanced Personal Fitness for fun. 28 With our other classes, it was a killer schedule so we were all pretty tense when it was time for 29 midterms and finals. Junior year grades are so important for getting into a good college. I knew 30 Mia was looking at several top schools — Stanford, Duke, University of North Carolina — and was 31 hoping she had the grades to get accepted and get soccer scholarships so she could afford to go. 32 It's pretty stressful to maintain top grades and keep playing sports at a high level, too. 33 34 The way our classes were structured, we all had a bunch of big tests the week right after 35 Thanksgiving. You'd think the teachers would give us a break over the holiday but that's not 36 how it works. So, in between stuffing myself with turkey and playing with my younger cousins, I 40 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org 1 tried to study for exams. I was glad when Mia called me on Saturday afternoon to ask if I wanted 2 to go to a movie with her and a bunch of other kids. Of course I jumped at the chance and even 3 suggested we meet for coffee at beforehand. When I got to the coffeehouse, Mia was already 4 there along with five of her teammates, all Rubicon players. I knew I was in for a lot of soccer 5 gossip but it beat talking about dinosaurs with my cousins. The others were excited because the 6 big College Showcase tournament was only a week away. Mia said she had heard that coaches 7 from all the schools she cared about were going to be there so she wanted to do her best. She said 8 she was looking forward to practice that week because she knew it would help her be prepared 9 when the games started on the weekend. They all chatted about soccer some more, and we all 10 complained about our big tests, and then we went and enjoyed our movie. 11 12 On Monday we had our Honors Pre -Calc exam; both Mia and I felt like we had aced it. 13 One down, three more to go! Mia said she was glad for the chance to run around at practice to 14 blow off steam. But Tuesday when she got to our Advanced Personal Fitness class, she seemed 15 different, quieter than usual and kind of "down." I asked her what was wrong and at first she 16 said, "nothing; nothing's wrong." But when she looked uncoordinated in Zumba and asked to sit 17 out part-way through, I asked her again. She told me she had a bit of a headache and asked if I 18 had any medicine so, I gave her some ibuprofen. When we were walking to AP Chemistry after 19 APF, I asked if she was feeling any better. She said, "no, not really." When I asked her if the 20 headache came from the stress of all our tests, she said, "maybe that's part of it, but mostly I 21 think it's because I tripped in practice last night and hit my head really hard when I fell. Do you 22 remember the concussion I got last spring? I'm feeling a bit like I did then, sort of woozy and out 23 of it. I started getting the headache last night." I asked her if she told her mom/dad or anyone 24 about hitting her head and she said, "are you kidding? If I did, they wouldn't let me play in the 25 Showcase. I have to play; it's my big chance. You know I can't afford college without a 26 scholarship. Promise you won't tell anyone about this!" I must have looked concerned — because 27 1 was. I'd read the posters Coach O'Reilly had posted in the gym. She grabbed my arm hard and 28 said, "I mean it! Promise me you won't tell anyone!! Not anyone!!!" Reluctantly, I promised. 29 30 After the AP Chem exam, Mia rushed right out before I could speak with her again. I 31 tried calling her that evening to check on her because I knew she didn't have soccer practice but 32 she didn't answer her phone or my texts. We didn't have any classes together on Wednesday so 33 the next time I saw her was in APF class on Thursday. But as soon as she got there, I saw her 34 talking with Coach O'Reilly and, next thing I knew, Coach O'Reilly gave Mia a library pass and 35 Mia left. I thought about saying something to Coach O'Reilly but I didn't want to "rat" Mia out. 36 And anyway, I wasn't positive of the reason why she left class, so I didn't want to cost her a CLASSROOM LAW PRoJE r 41 Oregon High School Mock Trial Competition www.classroomlaw.org 1 chance to play if she was feeling better. 1 figured she knew what to look out for since she'd had a 2 concussion before and I tried to put it out of my mind. 3 4 Mia seemed to avoid looking at me in AP Chem and she rushed out the door as soon as 5 class was finished. On Friday she looked pretty groggy when she got to AP World History and 6 she kept rubbing her head during the exam. I tried to talk with her on the way out the door but 7 she just glared at me and said, "remember your promise!" Against my better judgment, I kept 8 quiet. 1 should have told Coach O'Reilly or called Mia's parent, but I thought that a friend 9 wouldn't rat on a friend. Now I have to live with knowing that, if I'd told someone, maybe Mia 10 wouldn't have played and maybe she'd still be okay. From the way she acted, I'm sure she 11 suspected she had gotten a concussion. And given the look in her eyes and the way she grabbed 12 my arm when she made me promise to keep silent, I am positive she tried to hide it from Coach 13 Dempsey and Mr./Ms. Perez. But I knew, and I should have done something about it. 14 15 I feel truly awful that Mia is injured and I hope nothing like this ever happens to any 16 other athlete, anywhere. I remember a bunch of news stories about football players who got 17 seriously injured or even died after suffering repeat concussions. I never dreamed something like 18 that could happen to one of my close friends. But it still doesn't seem fair to hold Coach 19 Dempsey or the soccer club responsible. I've never met either Coach Dempsey or Jordan 20 Reddick. But I do think that if Mia was able to hide her symptoms from her parent, how could 21 anyone expect Coach Dempsey or Jordan Reddick to know? 22 23 Of the exhibits in this case, I am familiar with the CDC High School Athletes' Signs and 24 Symptoms Poster. 25 26 I hereby attest to having read the above statement and swear or affirm it to be my own. I 27 also swear or affirm to the truthfulness of its content. Before giving this statement, I was told it 28 should contain all relevant testimony, and I followed those instructions. I also understand that I 29 can and must update this affidavit if anything new occurs to me until the moment before I testify 30 in this case. 31 Chris Durant 32 Chris Durant 33 34 Subscribed and sworn before me on this day, the 27th of August, 2013, 35 BeEk EckkardE 36 Beth Eckhardt, Notary Public 42 CLASSROOM LA\v PROJI';CT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 1: Acute Concussion Evaluation (ACE) Physician/Clinician (Page 1 of 2) AcurE CONCUSSION EVALUATION (ACE) PHYS*OIANICUc1N ° MCI VERSION Bawd Odic PhD' & MNky Collar, Phut 'oarir.V Missal www Gula wrwrear a PINa,wp ward prow Pefied NA': Olia ilimil DOS: H / ; / 11,______ Ape: f 4 D_._S./1j1--1 0 ft41S_ 49._injury_Chgromil$110 Mifflin. 1n)try x t ! 0 1 M r/ 11ILFNportab iPaOmt breed other of _ 3pars 1.Wiry Deeorlolloa resin' Sclneol socrrr s)tera. ,r kJ la a4,•'f'a Amic reethtfer)emiitis _l_ftiwei "pa l+-- f elawet__.8 diriatcl� sAI1i �t.. tote• ( • J *ill of ) TO to Is re of bubo dart) ter hind (demo Of indirect) 2 [Yrs No Unkntran la ti mono t o enidonra of h*encrirld Igen' or sorra fulcrum? Yes Lbw _Unwuwn 1c. Location of limped Wag 1 LF, Tampon? __ft T mal LA Posiew _ Ht Pa,ii4el __tk Nick Indeed Faro 2. Cum: _IVC Predssulso-ANC Fit .„a nail (_Sports (iryecN54-11..4_Cf.! t' bew _ )Mo them IBEFORE R,. *try erlpouf poem boom mann of Sian WWI 11r_.hto Warn 10 rid Slog J. 3.Asinti111 M 4. Amid, MK M. Pre erode AFTER Or ktluy Oro 1r d Mason lrelg7 Vas /NS durum) (Antero ude) ay lustpad patron no mavtdy ._ 0 Loot 0* Coniolousnen: fed you' woof] Imo oon dons note? —Y►e Z_Yeri LAaaMn 4. EARLY WON Ell /Apr doted donned le dont/ aiinfou INN *t. s r+ _ confused about owls _Animal gullibly 4RloPods .__ ersiviti pecan 7. Piakelfra: Ween Nitons ooserv0d7 No2•1•99___ Nam .. B. Symptolti Chock L(i1 Woe Or Irgiery. far 110 toe faapr al N it dayl i patron aalpirlincnd toy of gnfpiums airy minted mod Put kimc.ht presen0a of Oath preplan (0.No 1.Yat). •ani a uteri, Nadine PHYSICAL (10) I 000N171VE (4) OMP pip NiudoCM o fi,aay Ofoaseiros CO ('i) m 1 Nuevo 1 Fermat° doom I i $ogMq Iwo S i meowed s owl 1 Ikon VadWq 1 _ 101eonwnIm19n9 0 6—OIoa1Mp my Ow lad 1 IIA iinco Mmi 1 13111ork raa.nbmklp qv 1 Taurine Sem problem 6) sink 0 0 I•I1 0fcdrweo 0 1� 000N9TIVE 7cW 104) ! IMP fact II••q ..U. Visual ;minima f@ 1 EMOTIONAL 14) —.. Orr 'ftrisiAosif % J} Ya D b llohl (g/ 1 _MD —.04‘ r POMP/ain VV.* _ No . J Sonsirivity lo } Mg Vito em : 1Yealrleae r� F r l 'A� .sir -19 'Item uNie Niue PHYSICAL Total (040) MOTIONAL. 70141 104) Ward 1101 f a 4 0 0 rimy WNW odd phobia, cornolot —I— IltraMon, OW WA Told &MOM SON* . ..4_ C. Rlak Factor, for Protracted td� Rowney .oVola!V e ptd yRow-- w Conalon HIalwy? Y. NSC 4 Neodeelr WNor rpt Y_ NJ' +1 De4e t M iiskay i P4y01104t lOSIWy Previous 1 9 2 3 4 0 0+ M+riw treatment kw hoal.eh. Lai„d10 Madam duration (lerldedri aarpanaeaa4 Dic synodal Bays_4Yoska,_ MuftiTooni'areirW at rnlpgYne ! LLr111d1e� HypnrWAte Mood* rielon asp tawnier 11 oonfuoskiroi, Ws foto* 19 m* Qew4sthllipe'eaeM AYrrpeyrAaMAC disorder p9* urieaed0 ralrlury7 Yet__ No_ decoder LW cher he** b,pof+yrced. c camP+bld rilordrS a medloalcn utat0a lt,p., ode ass0 MAO kr1 hilar b ane dsponme WM Yc4a.lny mutt l rnstoenc y merino m4fl oemegercy tt Ol lthfal of any ©r Pe • NadacAm red • Lca:s a°p.Yerr beawandi • �1 ' Fmk women alto Can't . peadrer dem pre • Sebum • • sionm iusloi *taefM4 • ye,rikor l RiPsi1M reuwre ose sv food omega •Peal aa,warpte • aaweu. • 1NSII a Ie • Crrapstw at war sips / sweca, at.Mr41Mq wrMpi sun erimid E. Dlapnosle (ICD): +! Gangrrnlort WI) LOC MO uss n of LOC 0301 _Oeonccuwo,+{4,tdRp ldlore y *M a _Orw (164) _— _Cor +1dd._ F. iotiuw-Up Action Plan Cornplilo ACE Cane Bien and proerNO copy to prltonVfm nlyt. No Po Needed rr P0111a MoaNahrs Dale of hodlolloraup 3 i lo, ,13 _ _ _ R mal: _____ Haurropeychdmyb t Toting FTryM1ICtaz Naarca,rpay_ 010 Epode U.AoYr PMWMs a ___„ _ clop% _, yoldali.t e Emergency Department ACE Completed by:, l Lj• �r 011ie lid. OtoMea. 11001oa. AO boarNna�.•w ..rwWDoh Foy I.NwMeasrrirrawlei eloboa..nriamaota waeer..lesIPSO CLASSROOM LAW PROJECT 43 Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 1: Acute Concussion Evaluation (ACE) Physician/Clinician (Page 2 of 2) A concuaa ori tot MI id Mbar:A lC brain injury (MTBI)) a8 a monks lnafrcrphysnog r_ proems airmen] ten dna r rmocral try #auto•: blomechancet 'scenes/ secondary to rimiti or indirect tureen tel the hnAe. rheti.ltinhee or train /unction iso Maw to root!notate, n tiyafuretier mere! Mae structifial Mary. ar4 r8 typically ananretaert w,1h normal rrlrticlu .tt not enmeg rg (!Ideon {m 9.. CI %car MRI) C:rmctrlst nr may or may not involve 9 tau on consciousness ;LOC) Carett::tr trait tet o a ears as;atien al physical. cn(Y1irwo. amOtionai. and strep reIatarl tymp1cros Symptoms may me hem amoral mixed' fsi days. weeks, months or oven longer is some cares. ACE kubuodona iha AGE no reorient to prenoa an twin trick prancer 10 corldrra ren antral tl•!alwrtron ane diagnosis of parwrta (born cnuarnn a•'d ndati with krawn or suspocted MTA! Tno msoseth mnelortea docexrenting tl10 importance of those mrrpsnerti in the ovaruei nn of sir M TR' w wovioee n rho reamer Ie1. 1- Octan deardrstian of Hoa inlay how !miry mtg.-Prat type of tone. IneaI on Or rho hood or horny (if fate trarrvrn>alod to haadl Dr0om0 b cenoLha rico 01 injury may r3Sut: iso tie/venial morn paearen8 (o g , ociap1tol brow may rabbit +rt inner changes, balance dttitirmiral 2. Jr/Scow tee Caueantfn(iay Grantor forms eosocotod wet who t i.ma un bitty m result in mero wrote prescn1 bor of symptom" 344. pomata: Arnros a in Sof oat as woe rave en term row mamorios. Drxeorrine whether amroa a has oco+., mod ori! oilarnal to dotormirer :chit!. or /carr G rrnrrory ilygtunc,tor - brace (re:roD hilar err! atter (annrngra6p) allury Eton seconds to meL aas vl nlemp y knee Can be pr9detr ve of outcome. Ratione reaearh has volmoteri /rat amnesia maybe cup to 4 10 :imps mom predictive of e+.nptrma and cngr:drve deform fallorrrg oonatsson roan is LOC (19x8 Man 1 minute) ' Laaaofsgenngegesue (LOC) If occurs, determine length of LOC. a. gadly.eigesi. 11 prnacm, oak the indrindr ma who know lra pedant fpaesnt. spat.se, (nerd. ere) =We speeif a Mgr" of dm cardamon mal ratty floor poen obseryeo these srf;n% am typical( oberin'e0 early niter me hairy 7. Mtauile whether ?let n woo observed or not. L.kli/t: 1. Ani patient inmate parent, if dud) to escort presence 01 the for.• celagones or symomms arida Mitn/ It is mpomnl to omens ai laded symptoms re d&Howl part" of tiro weir comic! tefIemn: (introns. One ta el symptoms maybe Inmate/ depandmg Lpen Inane: lama at 'miry ' Recorn • 1. 'or Yea er r0' to* No for Mow von ere or absence, respernamti• 2. For all symptoms, rational prennrtee of aymp1ama a3 enporrercoo w thin the pest ?t hoL7 Since ■ymplomo ear bo presort premar8iFfyn'a1 boartIrm {n g iron(' ohm, header:Ma sklpp. so tons), a is vnpornnt to 11.14658 alt rgp ham trate uuwl prmsortridOel. a figaire Sin tem; motor of nye-demo costo par arae, and num no four masse mm Tata! Symptom Score (neem range 0 221. tutee. moor, doer sympierna ant cooly epahenb1c oho? a right has passim snee:hr in iy D•mry .r t may re rentor/ on the day of irytry) If symptom* ern raw ort wooed mora re no loner wart symptom warn Airy IC013) 0 wf,r. of pC9drv0 Igor'= thaltuy I. fiload10.t Inmtire whoPier wry sympie r9 wormer with physkai Ie.g., r1liringe. fl0 rg ntaiol, afire rt01%)'motif crgrdlve {o.g . outcome stLdies, mist- tasking at workrooting or Intl• !111,10 req.i•r 1 tedJBAd ernaPrr1rn86n) ekeiriee Cletel.ene ahar,rel M 4.t3 that tyerptwwrs trill 1yrace ty x r.-sr� or re amergo with amnion. indicating incomplete recovery. Ovar•nm eon may protract recovery. S. fl. agno• Palomino how difPe til the parson is acting from etoir usual mfr. Ci?de 0' (Normal) to 'fi' (Vary Different). C.Alekl acsprs lot Pragnigattgagyafff.Awn Me lama rig risk Margr5 Ass possttto comp Irating 1Sctt1r5 sr the recovery peteASS 1 S:GOCw1fAJaCLfllatntlt: Aaael3 in rsrrbar and oato(s) of prior tottelanora, the dumtien tt ;Tamara nor nada niury. and whether loss bionrchanicei 'moo rfBLftad n maim Research incalei torn: contras and symptom each o' conot6nnn may bn eumoesve. amorally d 'hare e8 mesal drlrOIoe of arta betwrlen iryunee and Ivan blemeCbgriWl terra/ rtt'auft n at.bsociunet eenwasen imich r ay rrt(eata mrXKnykrhr =snowy from irl 4l /mita),• • P...Headaelsaitingm Assess pommel ander family Watery or drogroceiartroatrront for Moret •es. Rrsoa•eh rinlro:ra hoecaehe frrip,•txttt in particular', tan result In protracted recovery horn conct*sion " IllektelaaMMUDIlelety. Assess Macey el teaming doablidas. Merlon Purficial-typoractivly Dierronr or area, dnvnla(xnonlar d.. e•eera Roarer & ingrrata8 aha! 1Mnr9 Is the POSSibaity Ma War' *ma of recpnr( won triose canC/11en5 •'. C..P lite p Armen fe-history of daps.ssier'meed rfaerder. arca . srtd,0r steep darardirf . D. fled FLm: The :wiper sheula as errafttyy abaervad over 11'11 f rsi 2. aR email for trema serious •ogre. Req' Lip num se be Attn'.r-ea at: Titre tee rv7r'a 01 dc:arwativ r o opaz IGal,lanognieg Arty Merl,ve •np01 E.hou S prompt b.r0rg consideration or Mon' !or Amer -Darcy 'ro cal nv4T! lt. n {a g C 1 l3 m rule out intraemninl bleed or otlasr structural pathology)." :1h9 follbwna ICD dwgnoo codas may 00 applicable EO. (Cenculaion. with no Iola of consciousness) Pendant Iriwry coseriptior with rritden„o of forrb'ln mom/ autumn bane 10 ala 1,04(1 010), p4n ovidoetec of adnra symptoms (l1) al any typo and nlm3er tonne] to the !mime !Total Symptom Store A) ea avidrr co of LtOC (A5). skull hat.LLre cr intracranial Airy (Mb), 050.1 (Coneusslon, wills brief Tose el ooeseteumese a 1 hair) Pasdlve ml ny aascription wren evdrtire !enable direct' inbred blow to Ino heed (Ala); plus evilence 0l edam symptoms (HJ or arty 1 * aril f cow& round to the trauma ( feral Sy7rplam Store DO, pets.rso ma:sam a i% l OC MAS), darll fracture or immanent itjury (Alb) SOA (Concmeilon. unspecified) Positive iipay daacripton with aveleneo of fa'c.dn tinct/! mired bow to tree Mao (Aral, pas ovdence of actor. $ymirams (11) 01 any typo and num no rrlatad to Inc trauma (fatal &1rtptorn Score 1•0); urclenuinkratmo rrtsry donde: tint -Lear 'wannex' 01 1: OC (MI CA dna fracture sir intracranial injury. ()trier DMpnoM$ - k the patient presents with a peens In)ury dnscrrptton and associated syreMor+ms. but oral:d nt modem* of irvrapanul lfyury 1M bJ such as iron netwoiwaging, a moderato TBI and the diagnostic category of PS4 (Mtratrariza itssryi should be oerrooerod F_ 411MI -Lip.AStlat Plaut: Davelep a follow ref pun of nehen far sympinerate patients. The phyKieiarrrinrtan may efe> rile St )11 rna1Rer the y3tbre di the Mice or (2) rale? Brom to a medalist Sacral evaluation of the concussion 18 metal as symptoms may rest►r5, worsen, or ebb and Now depending upon many fado•o (eg.• cogrinveriphysiersi eresoon, acmorlarnee). Fianna) to a "anemia! Can bo parfir.1nriy intli.4131e to holo mirage =lam &vac's of ora pile Art 11 merle on (PtlyelptairC rtryn stored aye aompllufo the ACE Cam Ptah wel,idrrd rr tern toot Int 1. PlrysicLen$Clfnifilst aaritii resiniterbig Padieulsrly apprepriata r ruse sir' cne neversy of symptom. aro sum dnemasng over time wear fay worm orvn tent 3-5 dye. If steady rnducrirn is not afoot renewal tea speeedeet is warranted 7 Referral 10 a apaelMla!-Appropnatn 1' 8yrr moo 'tiduclion is r1b1 ardent rn 3-S days. CI sldrlir e symptom voile KCCnce1Nng rn typernwaity • NerittiOnICINIC011nalabliti wan p•rmda YaiLaban rrdonnation 1n holo COMM 11patiarI'a turn trustor and irrpaterniet end ascii %at' treatment Mann to, sups as return In play de a:ono • ptya;yirsn realm' no in panicLlarty'010vent kir medical evaluation ane managolrent of coreursier h in also a itltd farMoshilerfig aril manor, n, 'tat na,rn'io . nnnaoryi, MINI Ow, Ana mate ecreche. 11 maty bo U11*+Ua fro meditation managcmnm (a q. haalaehas. ?deep disturb:mon depression) d poet td'G.ltt+ve proo o ns persist. CLASSROOM LAW PROJECT 44 Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 2: Acute Concussion Evaluation (ACE) Care Plan (Page 1 of 2) Cl,1\ss] oo T LAw PROJECT 45 Oregon High School Mock Trial Competition www.classroomlaw.org ACUTE CONCUSSION EVALUATION (ACE) Patient hearts: IX yn Tu>risi� CARE PLAN 008: 'f 1 3 / R 4 Agar ► fe Gerard Nolo, PhD' 1 took:, Collins. PhD' VallOp.Kr Medusa MOW errs, Dab• 'i / S j t lfYIARit 11 C S waive a r'eear.pr Morons Coulee Date of injury: s 1 `JJ3 You have been diagnosed with a concussion knavvn mild traumatic brain injury). This ie bred (also as a pers011111 pian on symptoms and Is designed b help Ybur to k further injury. your speed your recovery. care! •Mention can two prevent You should not participate in any high risk activities (e.g., sports, physical education (PE), tiding a bike, etc.) E you esti have any of the 'symptoms below, It Is important b knit activities that require a lot of thinking or cone drstlon (housework. Job-related activities), as this can also make your symptoms worse. 11 you no longer have any symptoms and bsisve that your concentration and thinking are bads to normal, you can slowly and carefully Ileum to your daily ac IMiss. Children and teenagers will need help from (heir parents, teachers, coaches, or athlatec trainers to help monitor their ncosery and raturn to activities. bemiring symptoms aro c hedk). symptoms "MOM present (area or oto reported Thinking Emo0o1W gasp HeadachesJSS0Mt0vity to bolt Footing moms* foggy Icy Drowsiness Nausea Sonsiikey to noise Proclaim concentrating Sadness Sleeping mom than weed Fauns NlmlbnesetTlnglig Problems Fsegrg man Ersepag Ina then usual ,// remembering emotional Visual probloms Vbmlung Foaling new slowed dawn Normans§ 1 ds I*Ig slap . Minos Problema Dlzzlneea I VERSION - IED FLAGS: Coit doabr dspertmsnt If 110 foaming your or got) your omorgency you suddenly osporionos sny of He dschss tin Look drowsy. awn be week en.d Cool mos** a I ruu6ar beimiler cringe ea= boy moors ram Seizures &Lamedwmmag tnrM+e.i'.gmama ManarrpisTrilly Neck Blurred e9eeknas In lops urs ms.drrrres pain pooch or wears anus a al J O Babindnalanitieicettlia O 1 1. Gel lots of rest. Be sure to gel enough deep at right- no tate nlgtr s. Keep the same bedtime weekdays trod wreellantls. H2. Woe daytime naps or rest breaks when you Isel tied or fatigued. 3, Limit physical activity as well as activities that require is floc of thlnadng or cancswstlon.Thss activities an mels symptoms worse. • Physical activity includes PE, sports practicos, weight -training, nrrwiing. exorcism, heavy 1m119, etc. • Thinking and concentration adlvities (e.g.. homework, Glasswork load, jobrotated activity). 4. DM lots of fluids and cal carbohydrates or protein to main appropriate blood sugar levels. 5. As symptoms decrease, you may begin to jeulgelly return to your daily activities. It syletptona worsen or return, lessen then try again to Increase your activities, your activities gradtuSy. 6. During recovery, it les normal to Leel frustrated end sad when you do not leaf night and you cart be as active as usual 7. Repeated evaluation of your symptoms is recommended to he guide recovery. Retwninglolichad 1. If you (or your child) are silt having symptoms of conousbn you may need extra help to perform school -wiled sadism As your (or your child's) symptoms decrease during recovery, the extra help orsupports can be nenored gaduellyr. 2, Inform the teacher(s), school nurse, school psychologist or ammeter. and admi isuabr(s) about your (or your c hide) injury and symptoms. School personnel should bo Instructed to watch flor: • Increased problems paying attention or cOnoadrattng • Increased problems remembering or leering new Information • Longer tine needed lo complete tasks or 'testaments • Greater Irritability, les able to cope with stress • Symptoms worsen (e.g., headache, tiredness) when doing schoolwork -Cowisrd on beak pop- res gmsref awr,wrawawn wry ruwNeap-be Irson+ge+esrwerrsw 124..1 Comm awe rom..=itico Cl,1\ss] oo T LAw PROJECT 45 Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 2: Acute Concussion Evaluation (ACE) Care Plan (Page 2 of 2) Until you (or your child) have fully recovered, tire following support, arta recommends& (cheat d that appy) _No return to school. Return on (data)_ --.— _Return to school with following supports. Review on (lots) -_Shortened day. Recommend — Fours per day id (dale) _Shortened c (Le., rest breaks during Masses). Mardnr um class tangtl►: minutes. _J11low sacra tme to complete courserrorWassignments and lists. loosen homework load by S. Maximum length of nighty hoarsen a o significant classroom or star dardirod testing at this time. /Check lar the return of symptoms (use symptom table on front page of the form) when do1g aollvaies that require a lot of attenttan or concentration. Take rest breaks during the day as needed. _Request mooting of 504 or School Management Temp to discuss this plan and needed supports. t You should NEVEFI return to.pIayiLyou etlUJjave ANY symptoms -- (0a sure Ihet you do not have symptom at rest and wile doing any physical activity and/or activities that requ re a kat d 1Firddi g ur 2. Se euro that tha PE teacher, coach, and/or athletic trsbner are aware of your aviary and uqmptorns. 3, 11 is normal to tool trcratrotod, sad and mon angry becauso you cannot rotum to sports Yrgtd every. WWkh snap tea% a full =ovary oil reduce the chances of getting hurt again. It Is better to miss one or two games than ma tied, seem IitpoUowing are rergmtnsnded.at the present tltrr,; Do not relum to PE loss et this time Reform to PE class Do not return to sports pracdontames at this tins gingko' ileum to sports practices under the supervision of an appropriate health caw maiden • Return to ploy should occur In giodualgilsgs beginning with aerobic aaedn only to inane, yule heart nes (e.g., stationary cycle); moving to Increasing your heart rale win movement (ea., =ring): thin adding ooi* Md oontact 11 approprlalm and finely Mum to sports competition. • Pay cweful attention to your syrrptorne and your thlrixing and conoentrallon sidb al each siege of at* Mom to the next levet ur1 ecthrity only 11 you do not re pmisnoe any at ten each level If youreymplanes ratan, slop twee activities end lot your health cane professional Prow you have not experienced saynplarns Ion a minimum of 24 hours and you receive permission from your health care Vii, You should start spin at Vie previous step of the velum to ploy pier. 1. No physical activfly 2. Low levels of physical activity OA, ). This includes waling, light logging, flit eisionsry Wring, light wsigl rep ()Cres weight, higher reps, no bench, no squat). 3. Moderate levels of physical ace* nth body/heed movamnt This includes moderate logging, bed neige moderate - Intensity stationary biting, moderate-intsnelly weight ling (reduced Urre and aeduoed weight horn your typical )• 4. Heavy nanConlsct physical a tivhy. This includes spa ruts g, htgthan erseityr stationary bIdne, rsgdar wweIghtl M Ing routine, non contact sportspeddc drilla On 3 plume of movement). . 5. Bail contact In condoled practloe. 0 FSII contact in game per. 'Nwuopsychol gkel ware an preamble Must* raonnaerh le assist pryaeorrs wlei ewarrrrr+pwrig. wady as wrrr+a vwad This Merrai plants bowed on today% evaluation: L. Return to this off. DalefTi no w t 0 u is oi / 1 111 'L _ Reim b: Neurosa gory_. Neurology_ Sports Medicine_ Plrysieui,l_ _ Payc Moen._.. Other _ Refer for neurapsychologlod testing Othw ACE caro Plan Converted br ittl PIP PhD AFC 0 Cop, pat 0 Cur L K Ca• a, 46 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 3: CDC Facts About Concussion and Brain Injury (Page 1 of 1) Facts about Concussion and Brain Injury .1 About Concussion A concussion is a type of traumatic brain Injury (IBI) caused by a bump, blow, or jolt la the head. Concussions can also occur from a fall ora blow to the body that causes the head and brain to move quickly back and forth. Doctors may describe a concussion as a "mild` brain injury because concussions are usually not life-threatening. Even so, their effects can be serious. Concussion Signs and Symptoms Most people with a concussion recover quickly and fully, But for some people, Symptoms can last for days, weeks, or longer, In general, recovery may be slower among older adults, you've children, and teens. Those who have had a concussion in the past are also at risk of having another one and may find that it takes longer to recover if they have another concussion. Symptoms of concussion usually fall into four categories: lblslrrgllt�rrsrrMallMr Oilkuh ►>n+ t cltaity TPhysical Headache Ming Vowed dawn Nausea or vomiting (early on) Oilkeltycemeattatiag Sensitivity to noise or keit new mforrNitIen Feeling tired, having no erivro Fuzzy or blurry vision Dizziness Balance problems Zig; Sleep Sleeping more than usual sleep kss;har, usual Trouble lalling asleep Getting Better Rest Is very Important after a concussion because it helps the brain to heal. Ignoring your symptoms and trying to "tough it out" oaten makes symptoms worse. Be patient because healing takes lime. Onty when your symptoms have reduced significantly, in consultation with your doctor, should you slowly and gradually return to your daily activities, such as work or school. if your symptoms come back or you get new symptoms as you become more active, this Is a sign that you are pushing yourself too hard. Stop these activities and take more time to rest and recover. As the days go by, you can expect to gradually feel better. Tips to help you get better: • Get plenty of sleep at night, and rest during the day. • Avoid activities that are physically demanding (e.g., spurts, heavy housecleaning, working -out) or require a lot of concentration (e.g., sustained computer use, video games). • Ask your doctor when you can safely drive a car, ride a bike, or operate heavy equipment. • Do not drink alcohol. Akohol and other drugs may slow your recovery and put you at risk of further injury. !here are many people who can help you and your family as you recover from a concussion. You da not have to do it ;;Ione. Keep talking with your doctor, family members, and loved ones about how you are feeling, both physically and emotionally. 11 you do not think you are getting better, tell your doctor, For more Information and resources, please visit CDC on the Web at: www.cdc.gov/Concussion. // U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers tor Disease Control and Prevention CDC 47 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 4: Sports Concussion Fact Sheet SB721, Jenna's Law (Page 1 of 2) How Common are Concussions? • Each year Moro than ono melon children sustain a traumatic brain Injury, 80-90 % of which are mad and are due to motor vo►'iGe acodonts, falls. and podestran accidents. • The national Centers for Douse Control and Prevention says as many as 3.8 million sports- and re creation•relate d concussions occur own, year. In sports alone, 300,000 concussions in children aro osfima ed to OeCur each year. • Concussions can occur el a WOO variety of sports, lndkrding (but not limited lo) football, hockey, rugby, wrestling, horseback riding, lacrosse, basketball, cheerleading, and soccer. • Brain injuries cause more deaths Mon any o'ho+ sports Injury. In fuetbaa. Crain ropy aodounts Ser 6510 85% of all fatalities. DId You Know: • A concussion is the most cannons, typo of brain injury sustained In spouts. • Most c0nr ssions do NOT nvdive tars of 0cnsoousrxau. • You can sustain a concussion oven if you do NOT hit your head. An Indirect blow insewhero on th'e body can transmit an'rnrputsive force to the head end cause a common to Inc: brain. • Multiple concussions can have cumulativo and long lasting Ido changes. • Corronssiona typicaly do NOT appear in nourokmeging studios such es MRI or CAT Scans. • During 2001.2005. chldron and youth ages 5-18 yoers mounted for 2.4 rrillion sporls- retalod on rgen6y r1epartment (ED) visits annually, of whloh 6% (135,000) irnolvod a =ouster'. • Among children end youth ages 5-18 years. the five leading sports or recreational activities, which account fet concussions, inc1Lde bicycling, footbsk,basketball, playground activities, end SOCCER. Sports Concussion Fact Sheet SB721 Jenna's Law A concussion Is an injury to the Drain caused by a blow or Jolt lo the head. Other terms used for concussion Include mild traumatic brain injury or minor head trauma. immediately following a concussion, a person may feel several types of symptoms affecting their cognitive, physical or emotional functioning. Symptoms can vary from one person to another, and can last for minutes, hours or weeks atter a concussion Recovery from Concussion Reodoory from concussion can Lou different for owry pawn, Symptoms can lest from only a tew minutes to days o• woks after the caneussbn. Long•stardrng symptom= can maniere win a child Or adokssconl's porformanco al school, Cr limit their Cartidpalien n actrvilies at hon10 or in It+o conemmity. Thorefxo. 11 is mporlanl 10 sysrcnatca0y evaluato and monitor any ongningsyrnp>orrs. Football • Foottra>! rhjurees associated w4?' I'a train occur 01 a rate of ma in every 3.5 games. • Footbal cs osprtrsibo for more lean 250.000 head mjenos in the United States. In anyglvan segsort 20% cf at' nigh scrool players Wain be-all mimes and et Wast two w..1 die. • Footba1` prayers when brain niurioS aro s,r intoe mono likely to sustain now enures. Snow Sports The nigh profile siurng deaths of Scnny Bore and Michael Rtmnody In 1698, and actress Alatas'a Richardson in 2(0, lead to awarori res and moons on t^o need to wear hetriots and re xi'.o .mrnedole cried Cal at ention in snow its. • 68.781 reports 01 head ini0nes suSlained wheal skr reg c+ srontoa'ding orosor:cd b Efts horn 2004-2010 • Males have tiro highest rates at 68.8 % of dal rev0rmd hoed injuries, srontoa+dors (57.9 %). and young riders between the ages of 11.17 (47.7 %) most i.keiy to be 'wool. Too many kids are returning to the playing field too soon after a concussion. • 62 % of organized sports•ntaled lr jurie" occur during eroded h (Journal of Athletic Training). • 41% of concussed athletes returned to play too soon, if an at^loto's concussion symptoms, such as doziness or nausea, last k,rVer Lan 15 m lutes. he st•ou+d be bond -ed until he's been synnotom•froe for a nook. (M'enia'l Acaoemy of (Neurology gu iobnos). • Girls have a higher Incidents of concussion than boys • In sone sows payed by both sexes, guts acivally nun a higher risk of getting hurl • High school Soccer: female athletes suffered almost 40% more concuss ons than makes (female peons suf or some 29,000 concussions annually, males have 21,000). • High school basketball. female co%assions were noarly 240% highor (girt got 13.000 concussions playing baskettaui. boys 4.000) • In girls' volleyball and boys' basketball and basebat more than half of concussed players returned Io play 100 soon (Joumal of Athletic Tralnlng). Mandatory Annual Coach & Referee Training on Sports Concussion • Currents' youth spans asadirs are IOW ,e0 to ?TAP err neer+ trasning 10 spot child abuse, but not for sports canvuss en • Pr%vido annual traneag ttro.rgh online and corrrrun:ly resources such as Center for Disease Contrct (CDC), BIAOf2, local hospitals and otter non-frufits • Romovo a chi d from play if They have conassson symptoms for silent 8 day -Choy cannot return to play without a meddir.W professonal'srebase • Parents and stuctoras over 12 read and sign form on to signs 8 symptoms of concussion SB 721- Jenna's Law SB 721 wands the proersioons of a 2009 bit caied'Nax's LW that requires public school coaches and referees to proton stucco athletes from Dram rimy. S8 721 adds coaches and roforeos icor dub and r0ordafrona! Seams to moo ' who must get yearly ttairung on conoussons and who must keep athletes who have signs of concussion out of con %petiton for a day and got tom medical screening. Jenna Snova, a loaner Champion ski racer. der suffering receded coni ussons as a skier, softball player and sower plow, was diagnosed with permanent brain damage. She moved that when sal training noshing wascnrnsdors'd a s n of hard offal. if Iwo coaches had rccognxod the symptoms of concussion, she colli have been stand serous injury. 'We need to protect lire kids from suffixing from the ext oma pain that I did ' sto said. Her mother. Roney Soca malas that Jona 'Mehl have a viol medal, but she has the brain of a 60 -year-old deo viotm.' 48 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 4: Sports Concussion Fact Sheet SB721, Jenna's Law (Page 2 of 2) Why are girls hurt more than boys CX ecus. many girts suck d up too, but there are anatomical mesas that explain Wary they ere rove kke:y f0 have a utmost.) diagnosed. For starters, look to Io neck. Bigger, stronger neck rraistl@s can balance the head dunng impact and low the chances are bran's beers Abid in a t olenon. Accardtng ba sixty that wet be pubhsfied n the Journal of Bomectanics,the orWmfprenpeo1men's necks is Imewran thatof wOmen'S necks. Furter, resistance tests shored INS men%necks are 1.10% stronger than those of woman. Mow new b+omechadeel study shows rat °oils °masce co, boys owevp sign Ran atrargernecks than girls do. 'tient-dovdopcd necks snow boys to bolter absorb a blow to had.' says Dr. Joseph Maroon. a neurosurgeon and consonant to Ma Sports Concussion grogram al the Unrverarty of Pittsburgh Medical Center. The *ay sirs Way may also make a difference.Key n Guskirrw t, coveter of the Sports Modulo Research Labora.pry at the oilimty o1 tum Carolina, has found that female athletes are more kety than male athIcles to laird M the far or fold With IN Woes 1001.1 ho toss tektite their knees. silo worse their balarxo. The wave their Worts the mate 1 kdy Iheyli h t the ground a another Owe. Why is playing sports with concussion symptoms so risky? During a colcusat;r alerts corrsinct Weal blood blow to ire brain AI t c same erne. ca uni floods the mangy-croducirr porters of tram cels. Thai talcum gays a man defense, clocking oxygen• and glucose-ndr blood from rosileralsou treurtns' energy supply. Brain rasa get skuggr$h. and a concussed athlete *to c can't locus a suffers from sloe& reaction dimes is telt more susceptrub to a stew of other in cries, indud nu area err concussion. A second tie* t0 the had tout teat to more arterial ctmstrkten and more cakkium Infusions.'Concussion produces an energy visit in oro brain.' says David Heyde. erector of the Brain Injury Pitman.* Center at LkaA's Davit Geffen School 0f Machine. A second contossien willcause Loh as energy demand that'1 wee orerwhekn the survival capatil ty Otte brain.' Ihat3 nhty Carmen 11X011 bo the name of v+o game. Robert Cantu, a ne,r0surgoon end concussion export inssts that over after a mild firSt4na concussion, athletes must bo free of all Symptoms for at least a *oak. both at rest and dun orators, before returning to the fiutld, Cantu't mantra. 'When m doubt sit them Out.' CONCUSSION • 50% of 'second meat syndrome' inextents - brain miry caused from a promatur0 return to atbliay Ott suTfor,ng inthial rr}ufy f toncussia:tl - result doh • roman hlgn school scoter athNOlos suffer ohms i 40% more cora:miens elan macs (29,000 annually).' • her ere high school b0sketbac Oayers suffer 240% more cencusttions than m22es 113:000;.} • Corno tssicn rales more Ihar doubted anent students age 8-19 pa'trcitxatng in spans the testate . soccer and foDlball !Motel 4991 and 2001. even as pareopetran n tr060 sports dei nod' • The coax isson rale les highest taloa hoGwy. b 10 per 10,000 parbopants fa 1- to 11 -year-olds a,'d 29 per 10.000 partasants for 12- 7a 17-year-0}.Is.' • Footman accounted for M second highest condoSSian Mkt. et 0 por 10.000 for 7. to 11-year.trd$ and 27 per 10,000 forl2• to 11-year•okts.. • Youth sodium getting extremely compotitrve, and kids. In general, are getting Mix slyest rod" v*S..te" k I.1-,aldborsht kit Issaseietr still afflieraik' nnhd t, Yead t,, tirrn.h, k N Ar Fprctrmm1,41,;- r }MNprwrrra, W'iYryvn. imp, Spun hymn, Sinn nNrn r'rx•h, r.wr,lr ixr/rehty i 1 it 1t u milk A>♦2) 10' Y 4 ? Cam° RC secard rte o 4rearme rnryNallo *war alt Prr, S -id 19(0:30M 141-1 r Cvwnrr T. S.tr* C &i R4e'te>Eer rd ve Keiivnce elQuneaayn A-ergCCtpdeRrkras.J A4fir Tr9a.23333613i238.24i Bathos L. Wort G tt,e+s R E -ase y 9sisir:-tee Yry im Ce'cunanM YD,rg L'rk AJ'!Mt► PYCutm. Xi3,120;15,004 Signs and Symptoms Parents may not be familiar with conwssion symptoms. Contrary to popular brief. the child toes not have to lose consciousness to sustain a concussion. In fact, the majority of children da not lose consciousness. Achiid or teenager suspecteo of having a concession should be carefully assessed for any of the following symptoms listed below. Cognitive Symptoms Poor attention/Concentration Problems remembering Difcutty following conversation Answers questns slowly Asks same question repeated y Mentally foggy Physical Symptoms Headaches Vacant stare Appears dazed or stunrea Dizziness Clumsiness/Balance problems FuzzyiBturty vision Sleeps more or less than t,sual Appears fatigued, bred or sleepy Vomiting/Nausea Emotional Symptoms Nervousness/Anxiety Sad Irritability Personality changes Plays las Concussion Evaluation Appropriate evaluat on and management are the keys to a safe outcome. The symptoms of a concussion can cause probers when the child returns to school, hone or community activities. The concussion evaluator assesses possttie cognitive, emotic'r I or physical symptoms to assist in planning during recovery. Dunrtg an evaluation. a chili is given tests of attention, memory and speed. Test results are used to determine any needed interventions, as well as plan for return b school, sports, and other physical ectivitles. 49 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroornlaw.org EXHIBIT 5: Rubicon Soccer Club Medical Consent/Waiver of Liability and Release RUBICON SOCCER CLUB Medical Consent ! Waiver of Liebillly and Release 2012-2013 Q Pte@ x�' 1►ter!e'+ FbabNtn. �fJ newt ..:413P4f lea F.e s soscb o Nob l* )0v71 T i;v -e deems Dy °t7a05 Web of brow Cb @l X3--708--4473 I. SimPhorr NWbAeMOS S - +973 pow aDOWi w&AIM Has* b lie WAREN WW1 IASI !V GdLr re,AS! �r LEI Abv Umall1b* wre.b f mol Q Genres I 041buclerpa4e.peee bbgb wandrbeaIbpbhnl,rbox besoft ib es, bWAN abbe t riiabafi,.lb b pod* V* ori ad priapb It d iscoba lid Waw Mr to Wm ■ ini merlon Mimi WY 1r N 1i Cain bb Spice Ar tebblirelNeUMWS1MilYetiSawA1wMo.. INV haw 'ohm. daaerye, end p+. b hid torsion pear bdredh Rebbar Seam Rb cadres tea., sae sl bilk ebbs es wards eery Parr s a Regirrne pie pimp it Rb mobs a %ft 1r doll iple*a ' b bnimds r8 8.1 at taw b prraril b*.br ribberd .ebbe prow pefitboeno Pe the motto mbrrerivbarbdAsnob bfiepogrom m stemYh*mood by or In oorteackeeallbiwpbar_ sdblib, I tem) Os Issrby ssbodb am cos se Os oplgssissi *Ms less • was*atm* brbail IMO bnob rmote, polio b ebbs camera nes PI ear, mob* mobs baaea Sill toss fs net tins b rest, eu se JalleaV.Ao UMW b err Mr/ azmrrwd i. ewrbrk=OM ursubboi p siebksp bsrbrrta4 endbr cf_ b! be rsobrod b So diegblrsm smut t,e WOW m *eat rgr+isiss *Nobs es it oris d ray ;sois%babeserOval tidy Wood t mobs, The ub¢rlrreeleo WSW 4r/e•bleretalsolo= ter . trance Wrrfre Irrrr�0ireprge CRAW 18 6-54 Obilmo de IPerbir 50 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT6: CDC High School Coaches' "Heads Up" Clipboard Sticker (Page 1 of 1) CDC A Resource for COACHES e rr ACTION PLAN These signs and symptoms may indicate that a concussion has marred. Asparn Owen er stuMred KI LrILi eY ATl P,;,E'".'Y f roclac le or h ar u rdeats rKirrent or colon on ka�-cq o* vort*g FOry1fty rtgrueio'rt taatsxc probr eo Qv d.rr ovvi ss unsure of pont Aeon. a Cppenrs: Mars candy Cialb*orKeg wow StuvOr tatty to het tf you suspect that a player has a concussion. you should take the following steps: 1 Remove athlete from play 2. Ensure athletelsevdwted by an appropriate health care professional Do not try to jud{ e the seriousness of the irjury yourself.. 3. In'arrnathletes parents or guaidars about the krcwr of possible concussion and gjve them fie fact suet cr eorcussion 4. Keep the athlete out of play the day o'I the rryury Do not return the athlete to play or practice until a health care prefessiorat expererieraced CVA6atirgirraftafing conatsaicn. hu cleared them to do so in writing Arolocrs qu :born slows :oars cornoausrcw lever b►tfiy) shows oel r** er poly:nay charges Cantovens pricy!orao rIa Sern+w y a loo IMPORTANT PHONE NUMBERS Fet,I4 skggiih.htuty 01 Crreonlridiot Or hero y maim Cmltrl+c n QV. lN THE PJ$IANO NUNiErt Or YOU11 LOCAL HOSA?AL ANn EON TAC sS MO tea; Name. "NOW axone P rerairvosern Name Car. t coin➢ e,errd dun P11 cr 1x11 Parene/Gov000 Prove Dori norleel rot For immediate miens ort. CALL 911 r thlr:k 1'Jur rlr;llrte 14 ,L a2n'!iJ T!; :J3] _ r .t !fen, ile r {' seer_ he.:- vi_r ,:a4 hra,rh (t1,51 r,..'rXi..(4r 'ni 5n.r' 17C0±.?;( LrI aroe diftenibor,NAteaetrs46tanrlmoray ordgrarp. ewe rev meet dNareOwpmr.w oncaMaaa+and cosIONINtbiMOtortMar lrrrrw.cdcgoviCo trusion www.cdGE(IeCoricussionisports 51 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 7: CDC High School Athlete's Signs and Symptoms Poster (Page 1 of 1) CDC onvawar A Fact Sheet for ATHLETES WHAT ISA CONCUSSION? A concussion is a brain injury that. • Is caused by a bump or blow to the head • Can change the way your brain normally works • Can occur during practices or games in any sport • Can happen even if you haven't been knocked out • Can be serious even if you've just been "" WHAT ARE THE SYMPTOMS OF A CONCUSSION? • Headache or • pressure" len head • Nausea or vomiting • Balance problems or dizziness • Double or blurry vision • Bothered by tight • Bothered by noise • Feeling sluggish. hazy. foggy, or gro • Difficulty paying attention • Memory problems • Confusion • Does not "feel right' y WHAT SHOULD I DO IF I THINK I HAVE A CONCUSSION? • Tell your coaches. parents and athietk trainer. Never ignore a bump or blow to the head even if you feel fine. Atso. tell your coach if one of your teammates might have a concussion • Get a medical check up. A doctor or health care professore•l with knowledge in concussion management can ted you if you have a concussion and when you are OK to return to play • Give yourself time to get better. If you have had a concussors, your brain needs time to areal While your brain is still healing. you are much more likely to have a second concussion Second or later concussions can cause damage to your brain. 11 is important to rest until you get approval from a doctor or health care professional to return to play. HOW CAN I PREVENT A CONCUSSION? Every sport is different. but there are steps you can take to protect yourself for soccer • Follow your coacri s rules for safety and the rules of the sport • Pract=ce good sportsmanship at all tires. Ws better to miss one game than the whole season. miffFor thkrnalena•droad"'&M is wmnwrrr.r al glum,xre www.cdc..gov/Concussion/sports Farmom *Wed r len cOnCu aJl trwrva'. r• -.�u ..N• rVww.c&gpeConcu ion CLASSROOM LAW PROJECT 52 Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 8: USYS Concussion Procedure and Protocol (Page 1 of 2) Concussion Procedure and Protocol Concussion: a traumatic brain injury that interferes with normal brain function. Medically, a concussion is a complex, pathophysiological event to the brain that is induced by trauma. CONCUSSION SYMPTOMS AND MANAGEMENT AT COMPETITIONS AND TRAINING Steol: Did a concussion occur? Steal; Evaluate the player and note if any of the following symptoms are present: (1) Dazed look or confusion about what happened. (2) Memory difficulties. (3) Neck pain, headaches, nausea, vomiting, double vision, blurriness, ringing noise or sensitiveto sounds. (4) Short attention span, Can't keep focused. (5) Slow reaction time, slurred speech, bodily movements are lagging, fatigue, and slowly answers questions or has difficulty answering questions. {6) Abnormal physical and/or mental behavior. (7) Coordination skills are behind, ex: balancing, dimness, clumsiness, reaction time. Is emergency treatment needed? This would include the following scenarios: (1) Spine or neck injury. (2) Behavior patterns change. (3) Loss of consdousness. If a possible concussion occurred, but no emergency treatment is needed, what shouldltdontrow? Focus on these areas every 5-10 min for the next 1- 2 hours, without returetng to any activities: (1) Balance. (2) Speech. (3) Memory. (4) Attention on topics, details. Stun 4: Players should not re-enter competition. traininjt. or partake in any activities for at least 24 hcws, Even if there are Iiumingtoms after 15-24 min. activity should not be taken by the player, 53 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 8: USYS Concussion Procedure and Protocol (Page 2 of 2) Mak A player diagnosed with a possible co KM kit r> renin to t1S Youth 52Erer plaionly afteriejease from_a.licensed .medical dortprzedalizin ancirnanagement. Steak If there is a iso bility of a_concussipr do htjollQWil ;; (1) The attached Concussion Notification Form is to be filled out in duplicate and signed by a team official of the player's team. (2) If the player is able to do so, have the player sign and date the Form. If the player is not able to sign, note on t he player's signature line "unavailable". (3) If a parent of the player is present, have the parent/legal guardian sign and tate the Form, and give the parent one of the copies of the completed Form. If the parent/legal guardian is not present, then the team official is responsible for notifying the parent/legal guardian ASAP by phone or email and then submitting the Form to the parent/legal guardian by email or mall. When the parent/legal guardian is not present, the team official must make a record of how and when the parent/legal guardian was notified. The notification will include a request for the parent/legal guardian to provide confirmation and completion of the Concussion Notification Form whether in writing or electronically. (4) The team official must also get the player's pass from the referee, and attach it to the copy of the Form retained by the team. References; Kissick MO, James and Karen M. Johnston Mt), PhD."Return to Play After Concussion."' Collegiate Sports Medical Foundation. Volume 15, Number 6, Novernber2005. http,//www.csmfoundation.org/Kissick= _return_to_p lay_after_concussion_-_CJS M_2005. pdf. April 22, 2011. National Federation of State High School Associations. "Suggested Guidelines for Management of Concussion in Sports". 2008 NFHS Sports Medicine Handbook (Third Edition). 2008 77.82. http://vAwd.nfhs.org. April 21, 2011. 54 CLASSROOM LAW PROJECT Oregon High School Mock Trial Competition www.classroomlaw.org EXHIBIT 10: Curriculum Vitae of Dr. Bevin Register (Page 1 of 1) Bevin K. Register, PhD, AT Curriculum Vitae EDUCATION Oregon Health Selena University, Portland, OR Doctor of Philosophy, Sports Medicine, 1993 Dissertation: Effects of Mild Traumatic Brain lnjwy on Postural Stability University of Rowe, Rowe, OR Master of Science in Human Physiology/Athlctie Training, 1990 Thesis: The Effects of Headache on Measures of Neurocognition and Balance University of Rowe, Rowe, OR Bachelor of Science in Athletic Training, 1989 (and Athictic Trainer/AT Certification) Minor. Nutrition EMPLOYMENT Department of Exercise and Sports Science, University of Rowe Milhalik-Marshall Distinguished Professor, 2009 -Present Department Chair, 2005 -Present Professor, 2001 -Present Associate Professor, 1993-2001 Director, Sport -Related Concussion Research Center, 2007 -Present HONORS McArthur Foundation Grant, 2010 Dormice Educator of the Year Award, American College of Sports Medicine, 2008 Medal for Distinguished Research, National Athletic Trainers' Association. 2007 PUBLICA'T'IONS Over 200 scholarly peer-reviewed journal articles, including: Pediatric Sport -Related Concussion (2010) Incidences and Outcomes of Soccer -Related Concussions (2009) Advances in Sport -Related Concussion Management (2009); and Educating Coaches. Physicians. and Athletes about Concussions (2008). Over 10 textbook chapters, including: "Management of Sport Related Head Injury." In Emergency Care in Sports and Athletic TYaining. 2011. "Head Injuries." In Faundailons of Clinical Sports Medicine}. 2007. CLASSROOM LAW PROJECT 57 Oregon High School Mock Trial Competition WWW. clas s roomlaw. org