CA parents file lawsuit against FIFA...

Parents in CA filed a class action lawsuit against FIFA over headers and concussion protocols (from the NY Times)...

Concussion Lawsuit Bids to Force Rules Changes in Soccer
By BEN STRAUSSAUG – NY Times   August. 27, 2014

A group of soccer parents and players filed a class-action lawsuit Wednesday morning against FIFA, soccer’s international governing body, over its handling of concussions. Filed in United States District Court in California, the suit also names a number of American soccer organizations, including U.S. Soccer and the American Youth Soccer Organization, charging that all have been negligent in monitoring and treating head injuries.

The plaintiffs seek no financial damages, but rather changes to the sport’s rules, from limits on headers for children to altering FIFA’s substitution protocols. With the N.F.L., the N.H.L. and the N.C.A.A. involved in concussion litigation, soccer’s governing bodies are the latest to face a lawsuit over head injuries.
“There is an epidemic of concussion injuries in soccer at all levels around the world, including in the United States, from youth to professionals, from elite players to children playing for the first time, women and men, girls and boys,” the filing reads. “FIFA presides over this epidemic, and is one of its primary causes.”

The suit seeks an injunction that would change the way soccer is played at all levels. Children under 17 would be limited in how many times they are allowed to head the ball. The suit also seeks to require professional and other advanced leagues — which are currently limited to three substitutions per game — to allow temporary substitutions while a player is examined for a head injury. Medical testing would also be available for soccer players who competed as long ago as 2002 and are now suffering from the effects of concussions.

A FIFA spokesman said the organization had no comment because it was unaware of the suit as of late Wednesday morning.

According to legal experts, the crux of the case could be a matter of jurisdiction. While FIFA is based in Zurich, the plaintiffs’ lawyer, Steve Berman, contends the organization is vulnerable to an American suit because many American leagues are affiliated with FIFA and its Laws of the Game are cited by nearly every soccer organization. FIFA posts guidelines about preventing and treating concussions, but it does not have rules regulating treating them.

“There are going to be questions about standing, jurisdiction and venue and if these are the right plaintiffs and the right defendants,” said Gabe Feldman, the director of the Tulane Law School Sports Law program. “Parents and children who are playing soccer are playing by the rules set forth for the most part by FIFA. Whether that leads to legal liability is another question.”

“Every U.S. organization follows the Laws of the Game,” said Berman, who also represents players in a concussion suit against the N.C.A.A. “If FIFA made the Laws of the Game different, they would be different at every level.”

Others, though, are skeptical of the case’s chances.

“These rules need to be changed to protect the children, but I don’t think they’re going to be successful in this particular route to do it,” said Michael Kaplen, a professor at the George Washington University law school who specializes in traumatic brain injury issues. “I don’t think the court is empowered to provide this injunction because none of the plaintiffs have alleged a specific injury. The case they are trying to make is about medical issues they might have in the future.”

Plaintiffs in the case include Rachel Mehr, a former youth club soccer player, several parents on behalf of their children in youth soccer leagues and Kira Akka-Seidel, a former club player at the University of California, Santa Cruz.

According to the filing, nearly 50,000 high school soccer players suffered concussions in 2010 — more than in baseball, basketball, softball and wrestling combined. The recent World Cup in Brazil featured several high-profile and controversial incidents involving head injuries, which Berman said helped galvanize this case. In a semifinal match, Argentina’s Javier Mascherano banged his head against a Dutch player and was on the sideline for just two minutes before returning to action (medical research suggests six or seven minutes are necessary to provide a full neurological exam). Christoph Kramer of Germany sustained a blow to the head in the final against Argentina, and was allowed to continue playing for about 15 more minutes in a dazed state before he was helped off the field.

FIFA and the other defendants have 60 days to respond to the filed complaint, after which a judge will decide if the case may go forward.

Is 17 the appropriate age to allow headers like this article suggest?  Or should it be reduced down to say maybe U14?????

And how are they going to determine how many hits to the head a child occurred in the game?  Is a ref going to count the number of times a child uses their head?

At first when I saw "California" and "Lawsuit" - I was like 'yep - leave to them on the West Coast to sue over this for money', but no money; they just want changes. Should be interesting, but agree with Michael Kaplen, I don't know how this will change things.

Plus as SocDad mentioned, who is going to count headers, etc. There are several girls, my daughter included (and it maybe because she wears the head gear) that head the ball several times during a game. A lot of them punts from the GK's if they aren't coming down to fast/hard.

There is no standing for participants in CA youth leagues to sue FIFA just because of the use of FIFA Laws - FIFA governs international play. If there is any "liability" or "responsibility", it would be assigned to the local or state associations, who operate youth leagues usually using "modified" FIFA laws, such as unlimited substitution. NFHS, which publishes high school rules to which a state may or may not subscribe, does address head injuries, requiring players with apparent head injuries to medically cleared before returning to the game. There are problems with this approach, as it requires the referee to make a layman's medical judgement. Coaches and players protest the ref's ability to force, in some cases, their most effective player to the bench in an important match.

Not arguing the merits of concussion recognition and treatment, just standing.