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In a move that has significant legal implications, Maryland's Council of Regents released Friday the findings of an investigation commissioned by the university over the death of offensive lineman Jordan McNair caused by heat stroke. On June 6, the 6-foot-5 redshirt redshirt, who played football at McDonough School in Owings Mills, Maryland, passed away on June 13. The death came two weeks after McNair had been sick in a team held in 80 degree weather. Although the symptoms of heat stroke were numerous, it would have been an hour and seven minutes before Maryland training staff called 911 and an additional half hour before McNair was admitted to a local hospital. McNair's death investigation was led by Dr. Rod Walters, a renowned sports coaching expert. A separate investigation into Maryland's "culture of toxic coaching", conducted by a four-person commission comprised of retired federal judges and experienced lawyers, is still ongoing.
The Walters report officially bears the following title:Independent Evaluation of the Procedures and Protocols Relating to the June 2018 Death of a University of Maryland Football Student-Athlete. "The report is based on more than 50 interviews and a review of more than 70 documents. As expected, the report attributes significant responsibility to university educators and medical staff. They are portrayed as being alternatively abusive and passive about the well-being of a teenager who clearly needed urgent medical attention.
The report also identifies important errors that occurred at different points in the May 29 events chronology. For example, Walters describes a "complacency of the perceived intensity of coaching." He also observes a "presumption of mild weather" that were present during the sprints. Walters points out that even though these oversights do not necessarily seem to be predictive for a dying young man, they have become more important with McNair's 325 pounds. He was suffering from vitamin D deficiency and was on prescription of a stimulant drug used to treat attention deficit / hyperactivity disorder (ADHD). Walters points out that stimulants can increase the risk of heat stroke and that "the medical community generally worries student-athletes involved in physical activities when they take stimulant medications."
A particularly frightening part of Walters' report is the story of an interview with a student-athlete. This student-athlete is undoubtedly one of McNair's teammates and, more importantly, was an eyewitness to the practice when McNair became ill. The student-athlete reminded of how much the head coach of football, Wes Robinson, "shouted at the trainees [McNair] across the field. This player also recalled how two of the trainees "were intertwined with [McNair’s] legs trying to hold him back. Maryland suspended Robinson last month.
The errors would only continue in the crucial minutes that followed McNair and showed symptoms of heat stroke. A particularly serious mistake was the inability of the training staff to stop McNair. Walters says that such cooling should have occurred within the first half-hour of the onset of symptoms. Instead, with disbelief, "no vital sign was noted." Someone who reads Walters' report may conclude defensively that staff do not care as much about McNair.
These oversights or mistakes not only helped McNair, but actually exacerbated his problems. As with many health problems, heat stroke can often survive if proper treatment is provided in a timely manner. In the absence of treatment, heat stroke can severely damage the heart, kidneys and other organs. Walters' report confirms that about an hour has passed before Maryland trainers call 911 and important protocols and procedures are ignored or ignored.
Walters also details the lack of urgency of Maryland employees to assist emergency medical personnel when they arrive on campus. Surprisingly, no Maryland staffer went to escort EMS and help her get to McNair despite the university protocol. To this end, Walters notes that there was "a failure to provide instructions to the EMS at the scene and to designate a person to report the EMS and direct it directly to the scene. . . there was confusion when the EMS system arrived at the Gosset car park while the target point was the ground level alley, as indicated in [university handbook]. Staff would be expected not only to be present when EMs arrived but to guide them aggressively and insistently to McNair in the fastest possible way. In addition, EMS has apparently not been warned of construction on campus. Such construction further delayed the arrival of EMS to McNair.
As proposed by Walters, who views the school's response as extremely slow and inefficient, here is an overview of the duration of the main events:
• 34 minutes and 12 seconds: the time elapsed between the onset of McNair's cramps and McNair's withdrawal from the field.
• 23 minutes and 55 seconds: The time elapsed between McNair's treatment in the gym and the change in size.
• Eight minutes and 33 seconds: the time elapsed between the time the 911 call was made and the arrival of the ambulance in the parking lot.
• 37 minutes and 3 seconds: the time elapsed between the call to 911 and the departure of the stadium ambulance.
• One hour and seven minutes: The time between McNair's symptoms and the school leaders.
• One hour and 39 minutes: the time that elapsed between onset of heat stroke symptoms and arrival at the hospital with a body temperature of 106 degrees.
Walters does not consistently criticize Maryland. He notes, for example, that the school has an adequate system to deal with situations like the one that hit McNair. Yet, in another vein, such a compliment is more of a condemnation: if there was a set of decent protocols, why did not they follow? Overall, Walters estimates that if "the decline is 20/20," the different behaviors of Maryland employees "could have changed things."
The report details the assertions made in August by University of Maryland President Wallace Loh and sports director Damon Evans. Loh went so far as to say that the school accepts the "legal and moral responsibility" of McNair's death. In doing so, he and Evans acknowledged that errors and misdiagnoses had been made, such as McNair's lack of temperature control or the presence of ice on his overheated body. The Walters report provides more detail and corroboration by experts to more general statements from Loh and Eavans.
Impact on the pending trial of wrongful death and survival
Although a settlement between the McNair family and Maryland remains the most likely conclusion of an ongoing litigation, the family has indicated that it intends to use the courts fully to hold the institution accountable. William "Billy" Murphy, of Baltimore's law firm Murphy, officially informed the McNair family of his intention to file a $ 30 million lawsuit. According to ESPN, each parent – Marty McNair and Tonya Wilson – claims to have suffered at least $ 10 million in damages as a result of her son's death, and together they claim that their son suffered at least $ 10 million in damages before his death.
If the family sues, the university, head coach DJ Durkin, former fitness and fitness coach Rick Court and the former coach would be charged. The family could extend any legal action to include the NCAA and the Big Ten, as both entities exercise regulatory oversight over the Terrapins football program. Indeed, the questionable incapacity of the NCAA and the Big Ten to ensure that a member school provides a safe program could in itself be grounds for liability. It is also possible that health care providers, such as paramedics, doctors and nurses who have treated McNair, may be prosecuted; whether they are prosecuted or not, they would be important witnesses in any trial.
An unjustified application for death would be simple in its design, but complicated in its application. The claim asserts that the university (and Durkin et al.) Breached their duty of care to McNair and that this negligent conduct harmed the beneficiaries of the "deceased" (in this context, McNair's parents are the beneficiaries). of their son). ). The emphasis would be on the reasonableness of the conduct of the accused. Many factors would be taken into account. They understand if school officials have respected the best practices and industry standards. For example, the reasonableness of players performing sprints in hot weather; the wisdom or lack of treatment of players who show symptoms of heat stroke; The long wait for contact with emergency services to ensure the athlete receives early medical attention would also be examined. As part of this analysis, special attention would be given to how Maryland conducts its practices normally and how often the school uses standard techniques. If the school deviated from past McNair practices, school officials would have to provide convincing explanations as to why they had done so.
McNair's parents also plan to seek redress for their son's injuries, including pain, suffering, and mental anguish prior to his death. An action in survival contemplates this type of harm and staged a representative of the deceased who represents him (here, McNair's parents would like their deceased son to assert his rights in court). The damage would be based on McNair's injury between the time of his injury and his death.
The many people directly or indirectly involved in McNair's care – including Maryland coaches, staff, paramedics, doctors, nurses, etc. – would also be possible witnesses in a lawsuit. Expert witnesses would also testify. Relevant electronic evidence, such as e-mails, texts and social media publications, would be reviewed.
The Maryland law caps sentencing and suffering and other non-economic damages for death and death to about $ 2 million, but the state sets no upper limit for damages in the event of economic loss. As a result, a critical element of a lawsuit would be the extent to which Murphy could prove that McNair would have made a lot of money. Perhaps clumsily that McNair was much more than a football player, part of the trial would be about the likelihood that McNair became an NFL player and had a long and lucrative career. This type of debate would feature expert witnesses, such as retired NFL scouts, who would be hired to project McNair's journey as a footballer. The debate would be inherently speculative, especially given that McNair – a three-star rookie – had not yet played a role in a university match.
To put it bluntly, Walters 'damning report, coupled with Loh's and Evans' confession of fault, makes it very likely that McNair's parents will prevail in a lawsuit. The amount of damages that would be awarded by a jury would be less predictable. As noted above, limiting pain and suffering in Maryland could play an important role in limiting the amounts allocated to McNair's parents, who should provide convincing evidence of economic damage.
The probabilities of a lawsuit are actually slim. The university, which would have an endowment of more than 540 million dollars, will endeavor to settle with the McNair family. Chances are, they will eventually reach an agreement with the family. Expect any settlement to include more than a money transfer. A scholarship on behalf of McNair and university donations to organizations studying heat stroke and related conditions are certainly possible.
Impact on DJ Durkin
Walters' 74-page report does not mention the name of Terrapins head coach, DJ Durkin, who has not coached the team since August 11th. It is then that the school has placed Durkin in "administrative leave", which amounts to a suspension but does not constitute a finding of fault. Since then, offensive coordinator Matt Canada has been the interim head coach and led the team to a 2-1 record. During this time, the university separated Durkin from the school until she completed her investigation.
The absence of Durkin's name in Walters' report should not be interpreted as a positive element for Durkin. As noted above, Robinson (the head coach of football) is accused of leading trainees to "drag" a sick McNair across the field. If an organizational chart attached to Walters' report indicates that Robinson reported to the Director of Sport Training (Steve Nordwall) and not to Durkin, if Durkin had any formal or informal control over Robinson, Robinson's conduct would be frowned upon. In addition, the same student-athlete who reminded Robinson of the issuance of an order to drag McNair also said that the coaching staff preached a "do not stop" mentality. This kind of culture is clearly reflected in Durkin, who is ultimately responsible for the team's culture. In addition, a more favorable report could have pointed out that Durkin insisted on the safety of the players or was particularly interested in McNair's health.
On the other hand, the report does not directly associate Durkin with wrongdoing, nor does it relate to McNair's death. Instead, the report focuses on the failures of training and medical staff in response to McNair's heat stroke. In addition, an appendix to the report mentions that interviews were conducted with some of Durkin's assistant coaches. They stated that they had not seen anything unusual the day McNair became ill. For example, the report notes that an interview was conducted August 1 with McNair's coach. This person is probably Bryan Stinespring, the coach of the offensive line of Terrapins. This coach "was very impressed by Jordan as a student-athlete" and commented that "it was not excessively hot or humid during the race". The appendix notes that further interviews were held with all coaches on August 12. None of them, says the report, "saw a seizure activity at Jordan McNair." Such remarks, according to Durkin, move away coaches – who report directly to Durkin – from missteps by coaches and medical staff – who do not report to Durkin – this contributed to McNair's death.
As has been explained in great detail in another SI article, if Maryland finally decides to sever ties with Durkin, the school could return it "without cause" – without fail. He would then pay him lump-sum benefits equal to 65% of the remaining salary and additional income on a contract that will expire on December 31, 2021 (this would allow the school to pay an additional $ 5.1 million for Durkin). pay checks for 2018). If, on the contrary, the school concludes that Durkin has breached his contract, for example for "material fault" or "material subordination", the school should owe Durkin only an annual base salary, an additional annual income or a potential compensation date of termination. Although it is not clear how much money would fall into this category, it would be much less than $ 5.1 million. It remains to be seen whether the Walters report, which is deeply critical of some aspects of Maryland's football program and which, at least implicitly, reflects Durkin badly, greatly improves the school's chances of sending Durkin home with reason. If the school takes this route, expect Durkin to sue the school for breach of contract. A lawsuit would ensure that the controversy continues for months or even years.
Michael McCann is the legal analyst of SI. He is also Associate Dean of the University of New Hampshire School of Law and is the Editor and Co-Author of The Oxford Textbook of American Sports Law and Judicial Justice: The Story of My Battle Against the NCAA.
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