Duke’s Derrick Lee joins others in a class action lawsuit claiming the NCAA didn’t make the science behind concussions clear to those on the field.
Former Duke football player Derrick Lee has joined an increasing number of former players who are suing for compensation for concussions.
Lee is suing Duke, the ACC and the NCAA for knowing about the debilitating long-term dangers of concussions and related injuries and actively concealing this information to protect the business of college football. Lee is seeking class-action status so all Duke football players from 1953-2010 can join his lawsuit. Duke joined the ACC in 1953. The NCAA passed legislation in 2010 that required its member institutions to have a concussion management plan in place for all sports.
The Chicago-based law firm Edelson PC filed four similar class-action lawsuits last week for Lee and athletes who played at Tennessee, Ohio State and Michigan. None of those three public schools is named in a lawsuit because states and state schools are often immune to such lawsuits (those three suits target the NCAA and the Big Ten and SEC). As a private school, Duke does not get that immunity.
Lee’s suit was filed in the U.S. District Court for the Southern District of Indiana, where the NCAA has its Indianapolis headquarters. The firm also filed six similar class-action lawsuits in May. Those suits targeted Penn State, Vanderbilt, the Big Ten, SEC and Pac 12 conferences.
“These lawsuits, all filed by the same counsel using the exact same language, are mere copycat activity of the cases he filed last month,” NCAA chief legal officer Donald Remy said in a statement.
Lee was a defensive back at Duke from 1998-2003 and claims to have suffered multiple concussions while playing for the Blue Devils. One concussion in 2000 caused him to seek treatment at Duke University Hospital. Lee claims that Duke never made him aware of the dangers of concussions and concussion-related injuries and that the school never had concussion management protocols or policies or any return-to-play guidelines. Lee also claims that Duke actively taught football players to “inflict head injuries on themselves and others as an effective way to play football.”