Attorneys for bobsled riders are asking a judge to give his preliminary approval of a $2.1 million settlement of claims by the athletes that USA Bobsled/Skeleton Inc. did not warn them of the dangerous potential for “sled head” injuries caused by repeated trauma to their heads while participating in the sport.
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Lead plaintiff William Person’s long-running Los Angeles Superior Court class-action lawsuit stated that he participated for the USABS from 1999 to 2007. USABS is the official national governing body for the sports of bobsled and skeleton in the U.S.
“Sled head” refers to a concussion or subconcussive injury caused by tobogganing, including luging, skeleton, bobsledding and tubing that typically leaves the victim woozy or muddle-headed.
In court papers filed Friday with Judge Elihu M. Berle in advance of a June 24 hearing, attorneys for Person and the other plaintiffs state that the proposed resolution was reached through a mediator’s proposal that was based on expert reports obtained by plaintiffs regarding the costs of operating a medical monitoring program that includes testing benefits for each of the estimated 650 class members.
“While plaintiffs believe in the merits of their case, there are inherent risks of litigation and plaintiffs understand the benefits of entering this … class-action settlement providing medical monitoring benefits to all class members,” the plaintiffs’ attorneys further state in their court papers.
In the suit filed in September 2021, Person contended that the USABS knew or should have known about for decades, yet allegedly failed to warn them about neurodegenerative and behavioral disorders and diseases stemming from participation in the sport.
“Mr. Person is at increased risk of latent brain injuries caused by repeated traumatic head impacts in his bobsled career and therefore is in need of medical monitoring,” the suit stated.
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But in their court papers, the USABS attorneys denied any link between Person’s injuries and the sport, saying there is “not generally any accepted medical and scientific evidence” demonstrating that engaging in bobsledding causes any alleged “sled head,” brain injury or chronic traumatic encephalopathy, a progressive brain condition commonly known as CTE that is thought to be caused by repeated blows to the head.
Bobsledding is an “inherently dangerous sport, activity and its participants assume the risk of any known or unknown damages and harm from engaging in this inherently dangerous sport and activity,” according to the organization’s attorneys’ court papers.
The defense attorneys further argued that there is no “viable class” for Person to represent, that medical monitoring is a form of damages and not a claim and that his causes of action were filed too late.
Person was recruited by USABS, participated in bobsled sports and represented the United States in the America’s Cup, World Cup, Olympic Trials and World Championships from 1999 through 2007, the suit stated. USABS is also known as the U.S. Bobsled and Skeleton Federation.
USABS did not warn Person or any of the proposed class members about the risks of head impacts, shaking, rattling, G-force exposure, sub-concussive blows and concussions while participating in bobsled sports, the suit alleged.
The organization also failed to provide any medical evaluations related to head impacts, concussions or Person’s suitability to continue participating in bobsled sports in the years he spent on sled runs despite symptoms of “sled head,” the suit stated.
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