Litigation involving sports-related spinal injuries: a comprehensive review of reported legal claims in the United States in the past 70 years

Sports-related spinal injuries can be catastrophic in nature. Athletes competing in collision sports (eg, football) may be particularly prone to injury given the high-impact nature of these activities. Due to the oftentimes profound impact of sports-related spinal injuries on health and quality-of-l...

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Bibliographic Details
Published in:The spine journal 2023-01, Vol.23 (1), p.72-84
Main Authors: Zhang, Justin K., Alimadadi, Alborz, ReVeal, Matthew, del Valle, Armando J., Patel, Mayur, O'Malley, Deborah S., Mercier, Philippe, Mattei, Tobias A.
Format: Article
Language:English
Subjects:
Chronic pain
Databases, Factual
Humans
Insurance Claim Review
Intervertebral Disc Displacement
Litigation
Malpractice
Pain, Intractable
Paraplegia
Quadriplegia
Spinal Injuries - epidemiology
Spinal Injuries - etiology
Spine
Spine Surgery
Sports-related spinal injury
Tort reform
United States - epidemiology
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Summary:Sports-related spinal injuries can be catastrophic in nature. Athletes competing in collision sports (eg, football) may be particularly prone to injury given the high-impact nature of these activities. Due to the oftentimes profound impact of sports-related spinal injuries on health and quality-of-life, they are also associated with a substantial risk of litigation. However, no study to date has assessed litigation risks associated with sports-related spinal injuries. A better understanding of the risk factors surrounding these legal claims may provide insights into injury prevention and other strategies to minimize litigation risks. In addition, it may allow the spine surgeon to better recognize the health, socioeconomic, and legal challenges faced by this patient population. To provide a comprehensive assessment of reported legal claims involving sports-related spinal injuries, including a comparative analysis of legal outcomes between collision and non-collision sports. To discuss strategies to prevent sports-related spinal injuries and minimize litigation risks. Retrospective review. Athletes experiencing spinal injuries during sports. Outcomes included verdict outcome (defendant vs. plaintiff), legal claims, injuries sustained, clinical symptoms, and award payouts. The legal research database Westlaw Edge (Thomson Reuters) was queried for legal claims brought in the United States from 1950 to 2021 involving sports-related spinal injuries. Verdict or settlement outcomes were collected as well as award payouts, time to case closure, case year, and case location. Demographic data, including type of sport (ie collision vs. non-collision sport) and level of play were obtained. Legal claims, spinal injuries sustained, and clinical symptoms were also extracted. Furthermore, the nature of injury, injured spinal region, and treatment pursued were collected. Descriptive statistics were reported for all cases and independent-samples t-tests and chi-square tests were used to compare differences between collision and non-collision sports. Of the 840 cases identified on initial search, 78 met our criteria for in-depth analysis. This yielded 62% (n=48) defendant verdicts, 32% (n=25) plaintiff verdicts, and 6% (n=5) settlements, with a median inflation-adjusted award of $780,000 (range: $5,480–$21,585,000) for all cases. The most common legal claim was negligent supervision (n=38, 46%), followed by premises liability (n=23, 28%), and workers’ compensation/no fault li
ISSN:1529-9430
1878-1632
DOI:10.1016/j.spinee.2022.08.012