Field Hockey Player Seeks to Revive NCAA, AU Concussion Lawsuit

A former collegiate field hockey player who won a $1.7 million verdict against the federal government over its role in the misdiagnosis of her concussion will ask the D.C. Circuit to revive claims against the NCAA and American University.

Jennifer Bradley will ask the US Court of Appeals for the D.C. Circuit to reverse the trial court’s summary judgment ruling issued in May in favor of the university and the collegiate sports association, according to a notice filed Aug. 26 in the US District Court for the District of Columbia.

Judge Reggie B. Walton said Bradley failed to show the actions of the athletic association were the proximate cause of her injury. He also dismissed her claims against American University because she signed an acknowledgment of risk form agreeing to hold the school harmless.

Walton, however, greenlighted Bradley’s claims of negligent infliction of emotional distress and medical malpractice against the federal government under a theory of vicarious liability, based on the claims that Aaron Williams, an active duty Army doctor, misdiagnosed Bradley.

Walton entered judgment July 28 in favor of Bradley on her medical malpractice claim against the government, ten months after a multi-day bench trial.

Bradley was a junior at AU in 2011 when she was hit in the head while playing in a field hockey game against University of Richmond. Afterward, she complained of problems with her vision and concentration, as well as fatigue.

The evidence showed that Williams breached the applicable standard of care by ruling out that Bradley had a concussion and not removing her from practice and game participation, Walton said.

Williams was a fellow with the Military Primary Care Sports Medicine Fellowship. As part of his fellowship, he was working for the sports team physician for American University.

Bradley also established that Williams’ breach caused her injuries, Walton said.

Based upon his examination, Williams didn’t believe Bradley’s symptoms were consistent with a concussion, but he held Bradley out of play for two days, and diagnosed her as having ethmoid sinusitis.

She was later diagnosed with post-concussive syndrome, dropped out of school in 2012 due to the injuries, and was treated for post-concussive deficits and depression, according to her complaint.

Paulson & Nace PLLC represents Bradley.

Orrick, Herrington & Sutcliffe LLP and Schertler Onorato Mead & Sears LLP represent the NCAA.

Walker, Murphy & Nelson LLP represents American University.

The case is Bradley v. NCAA, D.D.C., No. 16-cv-00346, notice of appeal 8/26/22.