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The Problems Enforcing Washington’s Model Lystedt Concussion Law

Many states have enacted concussion laws to protect young athletes, but those rules are not always properly enforced by schools and doctors, according to an incisive article by The New York Times. 

http://www.nytimes.com/2010/09/23/sports/23concussion.html

 Headlined “Despite Law, Town Finds Concussion Dangers Lurk,” the story talks about Sequiem, a hamlet in Washtington, the state whose Lystedt concussion law is a model for such legislation across the country. The law is named after Zackery Lystedt, who suffered permanent brain damage in a high school game.

 The Times chronicles the problems that some parents — even in a state that has a landmark concussion law — face when they try to get schools and medical personnel to adhere to that law. 

In one instance described in the story, a youth who sustained a concussion playing high school football was told on his discharge papers, “May return to sports when able.” That’s not the protocol under the law.

In another case, a junior varsity football player with a concussion didn’t get any medical attention on the field, because medical emergency crews are only assigned to varsity games, according to The Times.

And when one Sequiem mother asked that the school system set up a baseline neuropsychological testing program, an aid in determining when an athlete can safely return to play, she hit a brick wall. She was told that because of liability and legal issues, the school district’s insurance company and the Washington Interscholastic Activities Association both recommended not doing the baseline testing, according to The Times. 

The story puts a spotlight on the fact that not just laws, but successful enforcement, is a crucial part of protecting youthful athletes from concussions. 

One thought on “The Problems Enforcing Washington’s Model Lystedt Concussion Law

  1. Jean Rickerson

    I am the mother you are referring to who asked for the neuropsychological testing in Sequim. The Sequim School District has allowed testing to take place on a voluntary basis but would not make it mandatory, which is what I had requested. A neighboring school district did not allow any testing to be done for the reasons you stated.

    As for the Lystedt Law, it has saved lives I’m sure. We currently have 3 football players sidelined with concussions and have had 9 such injuries so far this season on one team. They were all removed from participation according to the law, which likely would not have occurred before. What happens to them after that however, needs to be addressed. Yes, there’s more work to be done, but the awareness that has been raised due to the Lystedt Law has been truly remarkable.

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