Cook County Circuit Court dismisses class action lawsuit against IHSA

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The Circuit Court of Cook County dismissed the class action concussion lawsuit against the Illinois High School Association on Tuesday. The suit was filed during last year’s state title games.

“We were optimistic about this from day one,” Illinois High School Association Executive Director Marty Hickman said. “We had really good legal counsel, and really good legal arguments. I think it made sense to the judge, it is a common sense kind of decision that we feel good about.”

The lawsuit claimed the IHSA has failed to do enough to protect athletes from the potential damage of concussions. It called on the IHSA to tighten its rules regarding head injuries at the high schools it oversees but did not seek monetary damages.

The suit was filed November 26 on behalf of former Notre Dame quarterback Daniel Bukal,who was replaced in an amended suit in January by Alex Pierscionek, a former South Elgin lineman.

“In Illinois high school football, responsibility — and, ultimately, fault — for the historically poor management of concussions begins with the IHSA,” the lawsuit stated.

The suit called high school concussions “an epidemic” and said the “most important battle being waged on high school football fields … is the battle for the health and lives of” young players.

Hickman said Wednesday afternoon that he had heard from a few of the IHSA’s 800 member schools.

“I just received a text from an athletic director excited to hear the news,” Hickman said. “The universal reaction from the schools is that this is great news.”

Judge LeRoy K. Martin Jr. issued a ten-page statement on the ruling.

“It is clear to this court that IHSA has acted to protect student athletes in this State,” Martin said in the statement.

Hickman said in December that if the lawsuit was successful “the have’s will have football and the have nots won’t. That would be an injustice, that would be a shame.”

Bogan senior Andre Smith died on Friday as a result of injuries sustained in the Bengals’ football game against Vocational on Thursday. Smith was the seventh player in the country to die from high school football injuries the season, the first Illinois player since 2012.

Hickman acknowledged that Smith’s death made the timing of the decision awkward.

“Sure,” Hickman said. “That was tragic. There is no question about that. That helped us to know that we have to continue to do more, to work harder. It also is a realization for us that we can’t prevent all these things from happening.

“It made me think about kids that die in auto or bike accidents, or in tragic farm accidents. Accidents do happen and we have to learn from that.”

Joseph Siprut, Pierscionek’s lawyer, did not respond to requests for comment.

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