First football concussion class action lawsuit filed for high school students

A class action, the first of its kind for football related concussions has been filed against the Illinois State High Athletics Association.The class sought by the lawsuit includes every high school player in the Illinois state association from 2002 to the present. The only lead plaintiff in the class at the moment is Daniel Bukal, 29, who played at Notre Dame Prep in Niles, Ill. from 1999-2003. The high school complaint seeks changes in additions to return-to-play guidelines and a medical monitoring fund.

The lawsuit states Bukal suffered concussions in high school but there was no existing return-to-play guidelines or concussion protocols from the ISHAA. The suit was filed on Saturday by Chicago attorney Joe Siprut, one of the lead attorneys in the class-action suit that successfully challenged NCAA concussion protocols. Like the so-called Adrian Arrington lawsuit led by Siprut, the high school complaint seeks changes in additions to return-to-play guidelines and a medical monitoring fund.

“The criteria for returning Bukal to the playing field was not consistent,” the suit states.

Counsel in the class Joe Siprut, stated he intends to file similar suits on a state-by-state basis. The National Federation of State High School Associations is not a logical target, he said, because it does not have the same overarching power as the NCAA.

The suit only deals with football players. No financial terms are set forth in the complaint.

Jeffrey Newman represents whistleblowers