News: Namoff sues D.C. United

Discussion in 'MLS: News & Analysis' started by Fiosfan, Aug 29, 2012.

  1. Fiosfan

    Fiosfan Red Card

    Mar 21, 2010
    Nevada
    Club:
    New York City FC
    Nat'l Team:
    United States
    Namoff sues D.C. United
    Washington Post
    This truly has major implications for this young league. Hope this gets settled quickly.
     
  2. Golazo

    Golazo Member+

    Apr 15, 1999
    Decatur, GA USA
    As a youth soccer coach, I'd say the suit has major implications for the sport at every level in this country.
     
  3. Elninho

    Elninho Member+

    Sacramento Republic FC
    United States
    Oct 30, 2000
    Sacramento, CA
    Club:
    Los Angeles Galaxy
    Nat'l Team:
    United States
    Not sure the long-term impact on the league is that big. This looks like it's entirely a medical malpractice suit, with DC United named as a defendant because it 1) employed the doctor and trainer, and 2) has much deeper pockets than the doctor. As far as who ends up paying, it may end up depending on how the doctor's malpractice insurance is structured.
     
    ColinMcCarthy repped this.
  4. SYoshonis

    SYoshonis Member+

    Jun 8, 2000
    Manistee, Michigan
    Club:
    Michigan Bucks
    Nat'l Team:
    United States
    Or the team's liability insurance. I doubt that any money would come out of DCU's pocket as a result of all this.
     
  5. Fiosfan

    Fiosfan Red Card

    Mar 21, 2010
    Nevada
    Club:
    New York City FC
    Nat'l Team:
    United States
    Let's hope it's that simple. The lawyers are smelling blood in the water. I wonder if NFL gone through this circus already.
     
  6. onefineesq

    onefineesq Member+

    Sep 16, 2003
    Laurel, MD
    Club:
    DC United
    Nat'l Team:
    United States
    The NFL is currently going through a much bigger circus concerning this topic.
     
  7. LongDuckDong

    LongDuckDong Member+

    Jan 26, 2011
    Club:
    FC Schalke 04
    Nat'l Team:
    United States
    Yup, they have thousands of former players involved in a lawsuit. I'd imagine the amount of money involved makes the Namoff lawsuit look like peanuts.

    Regardless, if Namoff's symptoms really are that bad, he deserves some sort of compensation.
     
  8. onefineesq

    onefineesq Member+

    Sep 16, 2003
    Laurel, MD
    Club:
    DC United
    Nat'l Team:
    United States
    I understand your position, but let me play devil's advocate here. If you have ever listened to an athlete in ANY sport, you will hear tale upon tale upon tale of what the athlete has done in an effort to get on the field. I can't tell you how many times in my 40 years on Earth that I have heard an athlete admit that he lied his ass off about an injury so as not to miss playing time or to make a team, etc. Would your opinion change any about this suit if Namoff had brushed off team doctors and poo pooed the suggestion that he was hurt at the time of the incident? It's easy to blame the medical staff AFTER you realize that your gamble didn't work and you turned out to be more injured than you realized at first. Having said that, I feel awful for the guy as it seems that he is going to be dealing with some major consequences from that concussion for the rest of his life.
     
    mbar repped this.
  9. ColinMcCarthy

    ColinMcCarthy Member+

    Apr 2, 2010
    San Jose, CA
    Club:
    San Jose Earthquakes
    Difference is this is one case where the player got a concussion from a blow to the head, a risk inherent in the sport, and known. In the NFL, the argument is that the NFL knew but concealed detrimental concussion and TBE conditions so that it could keep making boatloads of cash by people who enjoy the big hits. In other words, for MLS its a one off, and hence not a big deal. For the NFL, its systemic and goes back years and years and years, so the allegations go... Only danger for MLS is people conflating the two.
     
    Kejsare, SYoshonis and El Naranja repped this.
  10. LongDuckDong

    LongDuckDong Member+

    Jan 26, 2011
    Club:
    FC Schalke 04
    Nat'l Team:
    United States
    All very true, however when someone has a concussion, they aren't able to make sound decisions themselves. In this instance, it may be hard to hold Namoff accountable for his actions. With concussions it's up to the team medical staff to identify any potential issues. If he was complaining about vision issues after a head collision and DC didn't have him tested for a concussion, they're liable.
     
  11. Fiosfan

    Fiosfan Red Card

    Mar 21, 2010
    Nevada
    Club:
    New York City FC
    Nat'l Team:
    United States
  12. Boloni86

    Boloni86 Member+

    Jun 7, 2000
    Baltimore
    Club:
    DC United
    Nat'l Team:
    Gibraltar
    Team doctors are there to check your body scientifically. Listening to a patient's opinion is important, but ultimately the doctor know best ... you would hope.

    Now if there are some inherent shortcomings in the science of medicine that make it hard to detect an ailment ... that's a whole different story.

    I don't know much about medicine and health, but my guess would be that neurology would be one of the most challenging things for a team doctor to deal with.
     
  13. CapeCodFutbol

    CapeCodFutbol Member

    Nov 20, 2009
    Club:
    FC Barcelona
    Nat'l Team:
    United States
    Not much point litigating this in a message forum, as both sides will (barring summary judgment / dismissal) have their day in court to present their evidence. His attorney does specialize in brain injuries: http://www.chaikinandsherman.com/cammarata.html The actual complaint does not appear to have been made publicly available yet. The case summary indicates that the scheduling conference is set for November 30.
     
  14. NC Soccer United

    NC Soccer United BigSoccer Yellow Card

    Jan 25, 2011
    Club:
    Flamengo Rio Janeiro
    Let's sue everyone the good ol' fashioned American way. Whatever happened to shit happens? No one is responsible anymore and we need to blame someone. I lied about my injuries (including one concussion) because I didn't want to get off the field. Neurology is highly complex and we still haven't scratched the surface. We are getting more samples daily to how the brain really works.
     
  15. Rick O'Shea

    Rick O'Shea Member

    Aug 19, 2008
    I get weary of all these injury claims in court with the lawyers lining their pockets with fat fees. Yes it is unfortunate when someone gets injured but that's the risk you take when you become a professional sportsman. There is an assumption now that is someone get's hurt then someone must take the blame but life is not always like that.
     
  16. LongDuckDong

    LongDuckDong Member+

    Jan 26, 2011
    Club:
    FC Schalke 04
    Nat'l Team:
    United States
    What if he can't work for the rest of his life?
     
    Q*bert Jones III repped this.
  17. Scoey

    Scoey Member

    Oct 1, 1999
    Portland
    Or be in bright sunlight at this kids t-ball game or have sex with his wife or drive at night or ride ferris wheels or whatever. Seriously people -- the dude is messed up. He was cleared to play very fast after his first concussion. Some lawsuits are silly. This really doesn't appear to be one of them.
     
  18. SUDano

    SUDano Member+

    Jan 18, 2003
    Rochester, NY
    To quickly jump to one side or the other is knee jerk, the justice isn't the lawsuit its the pursuit of the thousands of details to search for the truth. The fact that he can't work or was cleared to play quickly in and of itself does not conclude liability. What was the known science of the day, what was the standard medical protocol of the day, was protocol established at the time, should there have been, was there a negligence in how they handled the concussion, should they have known or have a reasonable knowledge to seek other specialized input on concussions. It'll all come out in the wash.
     
  19. Westside Cosmo

    Westside Cosmo BigSoccer Yellow Card

    Oct 4, 2007
    H-Town
    Club:
    Houston Dynamo
    Nat'l Team:
    United States
    Another example of blaming everything on someone else and trying to get paid off from it. WOnder if Charlie Davies referred him. ESPN had a thing on a kid paralyzed in a HS or youth game and claiming the coach caused the injury by teaching improper technique. Lawsuit will be coming. I actually predict that football won't exist at the youth and high school level in 20 years after the lawyers win enough lawsuits that no one will insure the sport.

    It's like all of these athletes think they should be compensated as pro athletes but actually have no assumed risk of injury. I feel for Taylor Twellman but damn son, there's some risk out there.

    The deposition should be fun when they ask Namoff about his marriage problems.
     
  20. Rick O'Shea

    Rick O'Shea Member

    Aug 19, 2008
    If he's that ill, how does he manage to be an executive for the Whitecaps?
     
  21. NC Soccer United

    NC Soccer United BigSoccer Yellow Card

    Jan 25, 2011
    Club:
    Flamengo Rio Janeiro
    Well, well.....I didn't know that. I guess we are looking for a payday. Sports are fraught with risks and you damn well know what you are in it for.
     
  22. NC Soccer United

    NC Soccer United BigSoccer Yellow Card

    Jan 25, 2011
    Club:
    Flamengo Rio Janeiro
    Lawyers are the real leeches on society. We won't be able to do squat because frivolous lawsuit just took out the insurance companies on a claim that.....sports are too dangerous and shouldn't be allowed.
     
  23. THOMA GOL

    THOMA GOL BigSoccer Supporter

    Jul 16, 1999
    Frontier
    Club:
    Columbus Crew
    Nat'l Team:
    United States
    I watch stories like this and reflect on Chad Marshall's multiple head knocks he's had over his tenure in Columbus.
     
  24. MLSNHTOWN

    MLSNHTOWN Member+

    Oct 27, 1999
    Houston, TX
    It's always great to judge an entire profession based on a couple of lawsuits. It's also great to see everyone jump in and conclude that the lawsuits are frivolous. Has anyone here read the petition? Is it just friviulous because hey all athletes know what they are getting into?

    Most NFL lawsuits are now having to deal with Motions to Dismisss based on preemption arguments. They center around the fact that employees lawsuits/claims/injuries are goverened by their CBA's and thus the federal laws governing unions and CBA's preempt any state lawsuits over these matters.

    So the end result might eventually be that the lawsuits get dismissed including Namoff's. But let the courts work these issues out before we claim these lawsuits are frivolous.
     
    Kejsare repped this.
  25. MLSNHTOWN

    MLSNHTOWN Member+

    Oct 27, 1999
    Houston, TX
    Is it that hard to imagine that professional sports franchises and their training staffs go out of their way to rush players back despite injury? Is it even harder to imagine that MLS training staffs are understaffed and/or ill equipped with handling these injuries? Does that equate to negligence? Who knows. Does the player assume this risk? Some of it. But how much of it is assumed and if there is evidence the training staff knew they were rushing him back or that they were supposed to conduct post-concussion baseline tests to see how bad the concussion was and never did than who is to blame? What if they have post concussion protocol in MLS that DC United staff didn't follow for Namoff in that game?

    No one knows the facts in this case including myself. I have read no pettions and only know what I have read from articles.....

    But how about we let the legal system work these things out before we claim these things are only brough by greedy trial lawyers lining their pockets with fees for athletes that aren't hurt and know full well what they got themselves into. LOL
     

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