Ex-Falcon sues over concussions

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Cody Silk, a former Bowling Green State University football player, has filed a
lawsuit in the Court of Claims of Ohio against the university.
Silk, 21, os Sterling Heights, Mich., is suing for damage inflicted by concussions he
alledgedly received as a freshman. He said an ill-fitted helmet caused permanent
neurological damage which caused him to lose his scholarship and prevented him
from obtaining a college degree.
The lawsuit claims that "BGSU used Cody’s damaged neurological and mental state
to revoke his athletic scholarship, and prematurely terminate his academic
career at BGSU, and in doing so breached the terms of the scholarship
grant-in-aid given to him."
Named as defendants in the suit are the university, head football coach David
Clawson, head athletic trainer Douglas Boersma, assistant athletic trainer
Annette Davidson, and equipment manager Joe Sharp.
The suit alleges that Silk received two concussions between Sept. 30 and Oct. 19,
2010, and was officially medically disqualified from playing for the team on
Nov. 3, 2010. It further claims that Silk’s condition was not properly treated
or evaluated by team staff.
Silk reportedly returned to BGSU for classes in Janury of 2011, but "when he
reached the point in the class where he had withdrawn in the fall, the
impairments Cody experienced with cognition and short term memory prevented him
from retaining the material." He withdrew from classes again in April 2011.
His athletic scholarship was cancelled in January 2012, stemming from
complications resulting from a billing error, the suit alleges. An appeal of the
decision was denied in March.
Due to his injuries, Silk is reported to suffer "from continuing headaches, lack
of focus, short-term memory loss, increased irritability, and loss of
initiative. He will continue to suffer from these and other effects of multiple
concussions throughout his life."
The suit claims, among other things, negligence, breach of contract, and that
"the individual defendants acted with malicious purpose, in bad faith, or
in a wanton or reckless manner."
It asks for a judgment in the amount of $25,000 for compensation for past and future
medical treatment. Silk is being represented by David M. Cook and Scott M.
Heenan of Cook and Logothetic LLC, Cincinnati.
Dave Kielmeyer, the spokesperson for BGSU, said the university is aware of the
lawsuit but cannot comment on ongoing litigation.
Kielmeyer said that Silk is not enrolled at BGSU.
Silk was a member of Clawson’s second recruiting class in 2010. When he signed his
national letter of intent, Silk, an offensive lineman, was listed at 6-feet-4,
275 pounds.
He played high school football at Warren De La Salle in Michigan. Silk earned
All-Catholic League honors and was ranked as the No. 47 player in Michigan by
the Detroit Free Press as a high school senior.

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