Illinois Injury Law Blog

According to the Chicago Tribune, Governor Pat Quinn recently signed a bill that will make Illinois the 28th state to adopt a version of the Zachery Lystedt Law, a law that protects youth suffering from a concussion to re-enter a game without medical clearance.

Chicago personal injury lawyers agree that the law comes at a good time as students head back to school and begin their fall sports season.

The Centers for Disease Control and Prevention (CDC) report that children ages 5 to 18 are most at risk of youth sports and recreation injuries in Chicago or elsewhere, especially when it comes to concussions or traumatic brain injuries.

Approximately 135,000 youth are treated in hospital emergency rooms each year for traumatic brain injuries (TBI) or concussions suffered from a sports or recreation-related injury. Concussions are dangerous for this age group not only because once a youth experiences a concussion they become more susceptible but because youth are more likely to get a concussion and take much longer to recover than an adult does.

A former athlete himself, Quinn finally signed off on the bill because he recognizes the dangers involved when kids want to get back on the field and coaches want their star athlete performing despite what is best for them from a medical standpoint.

"A lot of coaches are set in their ways,'' Quinn said. "But you don't want some kid you coached a decade from now with post-traumatic stress disorder or a brain disorder. You don't want that on your conscience even though that boy or that girl wants to go in the game.''

The Zackery Lystedt Law was House Bill 1824 and, passed back in 2009, requires medical clearance before an athlete can return to a game, practice or training after suffering a concussion. Key points include:

-Any youth who sustains a concussion or is suspected to have a concussion must be removed immediately from the game or practice.

-At the start of each season, parents and student-athletes must sign an information sheet about concussions and traumatic brain injuries.

-A licensed healthcare provider must put in writing a medical clearance when an athlete can return to play following a concussion-related injury.

-School districts must work with coaches, parents and young athletes on educating them about the dangers and risks of a concussion and what returning to play could mean to a youth athlete if further damage is done.

Last month the CDC Foundation announced a joint effort with the National Operating Committee on Standards for Athletic Equipment (NOCSAE) to initiate the Heads Up to Parents program. The educational program will provide parents with facts about how to protect and prevent youth from concussions and what to do when a child suffers a concussion at a sporting event.

"The CDC is working on a series of projects focused on preventing and reducing the long-term impact of sports-related head injuries. Public-private partnerships, such as this one supported by the National Operating Committee on Standards for Athletic Equipment, are helping the CDC get important, science-based messages out to parents, athletes, coaches and partners," said Charles Stokes, president and CEO of the CDC Foundation. "We are proud to be able to connect the CDC with NOCSAE to help parents get the facts about concussion in sports, and we thank NOCSAE for their support of this important program."

It takes less than 30 minutes to take the Heads Up Online Training Course. Parents are encouraged to get involved and take the course so you know what to look for if your young injured athlete gets a concussion from a hard hit on the field.