This Comment addresses the need for the NCAA to take a proactive approach to concussion litigation. In doing so, the NCAA should create a fund that is modeled after the court-established trust funds that stemmed from asbestos exposure litigation and the governmentally established Agent Orange Settlement Fund created to compensate veterans exposed to Agent Orange. Accordingly, it must have a two-prong goal: (1) deter future concussion litigation, and (2) compensate qualifying former and current student-athletes for the injuries and diseases from which they suffer due to concussions and TBIs.
Intercollegiate Concussions: What the NCAA Can Do to Ease the Pain from an Inevitable Headache
Volume 87, No. 1, Fall 2014