Bauer sues freestyle ski body
Canadian Olympian seeks damages for disability from concussion
TORONTO — A three-time Canadian Olympian is suing the Canadian Freestyle Ski Association for negligence in connection with a concussion that has allegedly left her unable to work or fully function in daily life.
In a notice of civil claim filed in B.C. Supreme Court, a lawyer for Veronika Bauer names the CFSA and Dr. Jeffery Purkis as defendants and says they should have prevented his client from participating in a December 2013 training camp.
According to the claim filed by lawyer Alex Sayn-Wittgenstein, Bauer suffered a concussion in 2012 at Apex Mountain near Penticton, B.C. The following year, she allegedly received medical clearance from Purkis and the CFSA to return to action at Apex.
There, she allegedly experienced another concussion and, to this day, battles “severe and continuing concussion symptoms.”
According to the claim, Bauer found out after the fact that another doctor recommended to the CFSA that she should be prevented from participating in the 2013 camp.
None of the allegations have been proven in court.
“In consultation with our legal team, we are currently reviewing this claim,” the CFSA said in a written statement. “Once we have gathered all the facts and the required information, we will determine next steps. The CFSA addresses any claims in a serious and timely matter. The health of our past and current athletes has always been, and will continue to be, our utmost priority.”
News of the Bauer lawsuit comes the same week the family of the late Steve Montador filed a claim in U.S. Federal Court against the National Hockey League over concussions and other brain injuries he suffered during his playing career. Montador died in February at age 35. A study of his brain showed signs of Chronic Traumatic Encephalopathy, a progressively degenerative disease that has been linked to repeated blows to the head.
In World Cup aerials, skiers hit jumps at speeds reaching 60 km/h and launch themselves roughly 20 metres in the air where they perform somersaults and full-body twists before touching down on a steep landing hill. Crashes are common.
Better known by her teammates as Little V, Bauer won 18 World Cup aerials medals during a national team career that spanned more than a decade.
The Calgarian was sidelined for 10 months leading up to the 2010 Vancouver Olympics with post-concussion symptoms. During that time, she could barely cook dinner, read emails or pick up a carton of milk from the store.
“I just felt spaced out,” Bauer said in January 2010. “I was just incapable of doing simple chores. I just sat around bored on the couch. I just couldn’t do the things that keep you alive. I pretty much had a headache the entire time.”
Her coach, Daniel Murphy, said she battled hard to stay positive during such a down period of her life.
“A lot of people with concussions experience depression,” he said at the time. “Veronika worked very hard to make sure she didn’t go down that road. She had some moments but, considering her situation, she did awesome. I mean, she couldn’t go to the gym, go for a run, do yoga, watch TV or check her computer. She couldn’t do anything.”
In connection with the 2013 concussion, Bauer is seeking damages for, among other things, pain, suffering, permanent disability, loss of income earning capacity and loss of housekeeping capacity.
I was just incapable of doing simple chores. I just sat around bored on the couch. I just couldn’ t do the things that keep you alive. I pretty much had a headache the entire time.
VERONIKA BAUER THREE-TIME CANADIAN OLYMPIC FREESTYLE SKIER