High school football lawsuit brings new rules, biggest settlement

Oct. 27--TAMPA -- The Hillsborough County School Board signed off Tuesday on a $2 million settlement with the family of former Wharton High School football player Sean McNamee, who suffered a serious brain injury on the school football field.

The settlement is the largest in the school district's history and creates the district's first uniform protocol for protecting student athletes from traumatic head injuries.

"It means the world to our family," said Sean McNamee's father Todd, who sat through the school board's meeting Tuesday with his son, who now sports long curly hair and a wide smile.

In 2013, Sean McNamee was playing catch with his Wharton High football teammates before practice on Oct. 9, 2013, when he jumped into the air to catch a pass and hit his head on a paint machine used to line the field. He wasn't wearing a helmet.

McNamee, 16 at the time, was briefly evaluated by his trainer and coaches but allowed to drive himself more than five miles to his home after the accident. When his father saw his condition he took him immediately to Florida Hospital Tampa, where it was discovered his skull was fractured.

That night he received emergency to reduce the swelling in his brain, and spent nine days in a medically-induced coma.

"Every day is a struggle, I don't know if you've ever had a headache, but it's significant," Sean McNamee said outside the school board meeting. "I'm just building myself up day by day, getting ahead in school and trying to succeed and do my best."

Under the agreement, the school board will provide an additional $1 million in insurance coverage for every high school athlete starting next school year. Students will also have the $300,000 in insurance the state allows school districts to pay out in cases of wrongful injuries or death, for a total $1.3 million in insurance coverage.

That's about as much as the McNamee family spent on Sean's medical bills, said the family's lawyer, Steve Yerrid. When McNamee fell, the school district did not carry any such insurance.

The school board will also pay a lump sum of $300,000 to the family within 30 days -- the maximum amount state agencies like school districts are required to pay out under Florida law. The board will support the family's separate claims bill with the Florida Legislature to authorize the school district to pay the remaining $1.7 million.

The claims bill will have to be passed by the Legislature and signed by the governor, but Yerrid said the school board's support should help it get through.

The lawsuit filed on behalf of the McNamee family asserted there was a breach of contract by the school board to obtain and have in place a $1 million general liability insurance policy as mandated in the bylaws of the Florida High School Athletics Association at the time of the injury. The family said they were glad that, beginning with the 2016-2017 school year, the more-than 200,000 students participating in athletics in the school district will fall under protection of a new liability insurance plan as a result of the settlement.

"Our efforts sought to help not just Sean and his family, but we also targeted our goals to cause much needed change. We feel strongly these new protocols and additional coverage above the sovereign immunity limits, are in the best interests of all concerned." Yerrid said.

"It was extremely important to Sean and his parents that other students be better protected from the kind of events that led to Sean's devastating injuries and an inability to obtain appropriate reparations for those injuries. As a graduate of a local public high school myself, it was particularly gratifying to see such a positive and beneficial outcome that will help so many students."

The settlement also created "The McNamee Protocol," a uniform procedure for staff members to follow if they suspect a student has sustained a head injury. It will be updated and reviewed by the school board on an annual basis.

After his fall, McNamee was left alone in the school training room for several minutes, and his absence went unnoticed for more than half an hour

Yerrid said he has been in contact with the FHSAA and hopes other school districts in Florida will adopt the McNamee Protocol. He also encourages all school districts to provide an additional $1 million in insurance coverage to more adequately protect student-athletes .

On Monday, the FHSAA discussed a proposal to amend one its bylaws pertaining to insurance coverage. The proposal was to amend one bylaw to add language that would state "each student athlete must be covered by athletic accident medical insurance, catastrophic accident insurance and catastrophic disability insurance," prior to participating in any game, practice, tryout or physical activity with the school.

Sean McNamee is currently continuing his education in Tallahassee. According to his attorney, McNamee must cope with epileptic seizures and other medical problems that have resulted from his injury.

"Sean dreamed of playing football in college, and he also dreamed of joining the Marine Corps and serving his country," Yerrid said. "These are things that he will never be able to do. But he is a truly courageous person and a fine young man blessed with a loving and supportive family."

Tribune reporter Nick Williams contributed to this report.

[email protected]

___

(c)2015 the Tampa Tribune (Tampa, Fla.)

Visit the Tampa Tribune (Tampa, Fla.) at www.tampatrib.com

Distributed by Tribune Content Agency, LLC.