The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the multiple concussion injury action to trial.
Attorney: There are proof problems regarding proving the health provider or athletic trainer’s actions were a proximate cause of the patient’s multiple concussion injury or Second Impact Syndrome. For example, the patient deliberately concealed symptoms from the athletic trainer.
Physician: There is concern about an initial, inaccurate diagnosis and the treatment provided, resulting in a question of whether the physician or sports medicine professional met the standard of care. For example, the physician or sports medicine professional failed to review baseline testing information before determining that the patient did not exhibit symptoms of concussion.
Insurer: There are significant facts sympathetic to the patient. For example, the patient is a young college athlete who, before experiencing multiple concussions, had a significant chance of becoming a professional athlete and also enjoyed academic success, but now is unable to resume a sports career and also experiences significant academic difficulties.
Employer: The patient had been encouraged to persevere through pain and headache at the workplace, and the employer wants to prevent negative perceptions of the organization in the media.