Athlete's family files
brain injury lawsuit

The Milwaukee Journal Sentinel has reported that a lawsuit has been filed contending that a clinic trainer wrongly gave a high school football player the okay to return to play "without appropriate evaluation or follow-up," thereby exposing him to the risk of the permanent injuries he eventually suffered in the subsequent game.

This type of lawsuit is rare in Wisconsin, according to statements from an official with the Wisconsin Interscholastic Athletic Association. The official added that most schools do not have the means to provide for an on-field medical professional.

"Serious injuries are not frequent visitors to high school athletic events," said Dave Anderson, deputy director of the association. "But neither is any student athlete or athletic program immune from such events."

Anderson said he could not recall hearing of a lawsuit arising out of a student athlete's injury in his eight years with the association.

He said he was unaware of the lawsuit but familiar with the injury, which he termed "catastrophic."

The suit was filed by James and Denise Melka against Orthopaedic Associates of Wisconsin-Sports Medicine and Therapy, of Waukesha, which contracted with the school to provide trainers for its athletic program.

In the days after their son was permanently injured, the athelete's parents credited an orthopedic surgeon who was attending the game with saving their son's life.

The doctor was on the sideline during the game and recognized that the athelete had suffered a brain injury when he staggered to the sideline and began throwing up, accoding to news accounts.