UCF has six months to respond to intent to sue notice

[Goldenbuc]

BREAKING NEWS:

USF just filed its "Intent to Kick Ass" notice against UCF

30 day warning.

Probaby has.

This has only grown larger due to our local media (OS) and their digging for exploitation.  You're lucky not to have a paper like ours.  For every negative USF story in the tribune or st. pete times...never wish you had our local coverage.  GOL is right in his actions vs. the OS...and I'm sure Leavitt would do the same in Tampa if this happend during the Dorsey incident. 

And honestly...it's not like Plancher was a heisman candidate...do you really think GOL and co. would sweep his condition under the rug?  No.  GOL knew as much as the rest of us.  There's no dirty work going on here...it was a tragety and now UCF has to deal with a bored local paper with no other sports teams in town to write on.

[ZeroBullChip]

BREAKING NEWS:

USF just filed its "Intent to Kick Ass" notice against UCF

30 day warning.

Probaby has.

This has only grown larger due to our local media (OS) and their digging for exploitation.  You're lucky not to have a paper like ours.  For every negative USF story in the tribune or st. pete times...never wish you had our local coverage.  GOL is right in his actions vs. the OS...and I'm sure Leavitt would do the same in Tampa if this happend during the Dorsey incident. 

And honestly...it's not like Plancher was a heisman candidate...do you really think GOL and co. would sweep his condition under the rug?  No.  GOL knew as much as the rest of us.  There's no dirty work going on here...it was a tragety and now UCF has to deal with a bored local paper with no other sports teams in town to write on.

What planet do you live on?  Are you still drinking?  We have had problems with the trib for years and with the times for the years before that.  You are so punch drunk on your school's mediocrity to realize that the rest of the non punch drinking world is seeing some issues with O'leary's current and past actions.  This little issue is only going to get worse over the season as you start losing.

[Who'sYourData?]

And honestly...it's not like Plancher was a heisman candidate...do you really think GOL and co. would sweep his condition under the rug?  No.  GOL knew as much as the rest of us.  There's no dirty work going on here...it was a tragety and now UCF has to deal with a bored local paper with no other sports teams in town to write on.

There is certainly dirty work going on here.  I don't know if it is O'Liar, the training staff, the athletic dept, or someone else.  But there is a problem. 

Fact:  In the decade before Plancher's death, several players died under similar circumstances.

Fact:  Many of these deaths were attribute to the sickle cell trait, and guidelines were issued.

Fact:  In the year leading up to Plancher's death, USF had two athletes go into cardiac arrest.  By all accounts that we have heard, the training staff acted quickly and appropriately in both cases.  In one case, a life was saved as a result.  In neither case, was the player identified as a high risk (again, as far as we know).

Assumption:  At some point, UCF should be reminded by these incidents to review their training and procedures to be able to react similarly.

Fact:  Someone at UCF knew that Ereck Plancher was positive for the sickle cell trait.  According to recommendations that had been out at least three years, this means that he should be closely monitored during conditioning drills (among other procedures).

Critical items we don't know:  Who knew that Plancher carried the trait?  The AD? Plancher?  O'Leary?  His position coach?  The conditioning coach?  The training staff?

          What procedures, if any, were in place to monitor the known high risk athlete? 

          What training/procedures were in place for any athlete exhibiting signs of cardiac arrest? 

          Were the procedures followed to the letter?

          If not, why not?  Trainer followed improper procedure?  Coaches followed improper procedure?  Coaches pressured trainers not to follow procedure?

The family's lawyers probably know much more about what happened than we do.  They may know answers to some of the above questions, if not all. 

Someone did something wrong, it may have been Plancher himself.  But the family has the right to get the answers, and hopefully future deaths can be prevented.  No one is saying that no athlete should ever die on campus.  But this one was forseeable.  At the very least the kid should have been given a chance to survive.

No matter what that idiot Dan Sileo says.

[TheBullies]

BREAKING NEWS:

USF just filed its "Intent to Kick Ass" notice against UCF

30 day warning.

I lol'd to this.... and I like Cyber's analysis.

[smazza]

http://sports.espn.go.com/ncf/news/story?id=3515118&campaign=rss&source=NCFHeadlines

The parents of a 19-year-old University of Central Florida football player who died following a March conditioning workout filed notice Friday that they intend to bring a wrongful death lawsuit against the school.

Ereck Plancher, a redshirt freshman wide receiver from Naples, Fla., collapsed March 18 after a 20-minute training session on the Orlando campus. Last week, the Orange County Medical Examiner said the cause of death was connected to Plancher possessing the sickle cell trait -- a condition that the National Athletic Trainers Association (NATA) believes has been tied to 10 deaths since 2000.

Plancher "experienced exhaustion, dizziness, shortness of breath, and other signs of extreme fatigue that were ignored by trainers and/or coaches of the University of Central Florida," according to the notice, which was sent to the chairman of the UCF Board of Trustees, as well as the Florida Department of Financial Services. "As a direct and proximate result of the University of Central Florida's negligence, Ereck Plancher collapsed and died."

Plancher's parents, Enoch and Gisele, declined comment through their lawyer, J.D. Dowell. Dowell issued a statement that read, in part: "The Plancher family has been frustrated by the fact that they have not been able to get an accurate account of what happened during the conditioning drills on March 18. They feel very strongly that they do not want any other families to go through what they are going through."

"The health of our student-athletes is our top priority, and we provide superb medical care at UCF," university spokesman Grant Heston said. "We have received the notice of claim. Per university policy, we do not comment on matters that are in pending litigation."

Head coach George O'Leary, other football personnel and athletic department officials repeatedly have declined ESPN's interview requests.

After the autopsy results were made public last week, UCF athletic director Keith Tribble said, "We have said repeatedly that Ereck passed all of his physicals and was cleared to participate fully by UCF team physicians. Our staff advised Ereck of his sickle cell trait and monitored his physical condition at every practice and workout."

The notice of intent does not mean the Planchers definitely will sue, however it is the first step required by Florida law before such a lawsuit can be brought. The school has six months to respond to the notice.

In the event the Planchers follow through with a lawsuit, their son's condition and how the school reacted to it are likely to be at the center of such a case. ESPN previously reported that UCF became aware Plancher had sickle cell trait in January 2007; the school subsequently acknowledged that coaches, trainers and Plancher himself knew he carried the trait and insisted he was treated properly.

Athletes who carry the sickle cell trait are not precluded from playing or practicing. However, in June 2007, NATA issued a consensus statement warning that athletes who possess the trait are at greater risk during extreme conditioning exercises. The statement said collapses often were associated with a series of sprints, such as "gassers," and typically occurred during the initial workouts of a season or offseason. For athletes with the trait, NATA recommended, among other things, paced progression in workouts and more time for rest and recovery.

NATA cited nine deaths (this was prior to Plancher's collapse) tied to sickle cell trait dating back to 2000.

Some medical professionals have suggested there is no clinical evidence to support NATA's statement. However, in its autopsy report, the medical examiner cited papers written by Dr. Randy Eichner, a co-chair of the NATA task force and the University of Oklahoma's team physician. The autopsy report concluded that Plancher had been "predisposed to sickling of the red blood cells during periods of physical stress."

The Orlando Sentinel, quoting four unnamed UCF players, previously reported that Plancher fell to the ground during sprints at the end of the conditioning session on March 18 -- the day before spring practice was officially scheduled to begin -- and that he showed signs of being in distress during the workout.

O'Leary told the paper he didn't see Plancher struggling and that his care was handled properly.

In April, ESPN filed a public records request to UCF seeking documents related to Plancher's death, including an internal review. UCF responded in May by providing a series of documents, mostly e-mails. However, the bulk of the material was related to media inquiries that followed the March 18 collapse.

UCF said it had the right to withhold additional material because, a) its athletic department is a Direct Service Organization and, thus, not beholden to Florida public record laws; and, some documents were considered "attorney work product."

The sickle cell gene is inherited, and it is most common among people whose family originated from areas where malaria is widespread, according to NATA. One in 12 African-Americans have the trait, compared to anywhere from one in 2,000 to one in 10,000 Caucasian Americans.

The sickle cell trait is distinguished from the disease sickle cell anemia in that only one sickle cell gene is present instead of two.

In February 2001, 18-year-old Florida State linebacker Devaughn Darling collapsed and died during an offseason conditioning workout. It was later determined Darling carried the sickle cell trait. His parents sued the university for wrongful death, claiming, among other things, their son hadn't received adequate hydration during the workout and hadn't been given adequate time to rest.

The Darlings and Florida State ultimately agreed to a $2 million settlement.

Mark Fainaru-Wada is a reporter for ESPN. He can be reached at markfwespn@gmail.com

wondering what took so long

healthy kid shouldnt die

the physicals and blood tess are inadequate i suspect

[USFMikeB]

I think that ucIF made some errors in how they handled this at every stage of the issue, and at every level of the administration.  This could have been handled better by ucIF, but so many of their fans are so wrapped up in blaming the Sentinel for writing stories about the topic that they've never really lashed out at their university for the way they handled it.  To be honest, if I were a ucIFer, I would be worried that this could happen again, because I don't think anyone at the university has ever accepted that they made an error.

The death of Dorsey was traumatic for USF, but USF not only handled it approprately, they actually strengthened their processes for handling these kinds of crises.  The two main results of the difference in how ucIF and USF handled the crisis - USF never got sued by the Dorsey family, and a USF softball player owes her life to the manner in which USF monitors and treats its players.

You ucIF fans will never admit it - but your university should be talking to USF about modeling their system on USF's best practices.

In the end, ucIF will end up paying out a few million dollars.  There is legal precedent in which ucIF has argued that certain state laws don't apply to their Athletics, and the Plancher family lawyer will be able to use that as leverage in negotiating an out of court settlement.  No way does ucIF let this get into a court of law - it will air out all the dirty laundry of just how badly they handled the issue.  Since the state won't pay more than $200K, it will end up coming out of Athletics funds, and will hurt their programs for a couple years.

[Gridiron God]

Suggested Best Practice:

Athletes who carry the sickle cell trait are not precluded from playing or practicing. However, in June 2007, NATA issued a consensus statement warning that athletes who possess the trait are at greater risk during extreme conditioning exercises. The statement said collapses often were associated with a series of sprints, such as "gassers," and typically occurred during the initial workouts of a season or offseason. For athletes with the trait, NATA recommended, among other things, paced progression in workouts and more time for rest and recovery.

What did UCF's Coaching staff do?

Plancher "experienced exhaustion, dizziness, shortness of breath, and other signs of extreme fatigue that were ignored by trainers and/or coaches of the University of Central Florida,"

Facts at odd:

UCF: O'Leary told the paper he didn't see Plancher struggling and that his care was handled properly.

Players: allegedly 4 players told the Sentinel that "Plancher fell to the ground during sprints at the end of the conditioning session on March 18 -- the day before spring practice was officially scheduled to begin -- and that he showed signs of being in distress during the workout."

Somebody is lying: the players, the Sentinel, or a coach with a history of playing fast and loose with the truth....Considering that it was first reported that O'Liar "was not present", and then switched to that he was, UCF is starting this stare down at a disadvantage b/c it fumbled the facts, plus O'Liar's reputation.

Why UCF could have a real problem on their hands:

It was reported that Plancher collapsed last Spring. Combine this with both UCF and Erek Plancher knowing that they he had sickle cell trait, UCF should have been more proactive and been more vigilent about Plancher and should have seen the warning signs and paid Plancher more attention at the slightest sign of distress. UCF will be sued not b/c it intentionally neglected Plancher's signs of distress. Instead they will lose b/c they were simply ignorant and as a consequence negligent on the suggested best practices on how to deal with kids with the sickle cell trait.

My prediction:

UCiF will be vilanized and be made to look incompetent. This could get ugly if GOL's past history of dealing harshly with players (see GeorgiaTech) is brought into play. My guess is that UCiF will settle. Their coaches simply treated Plancher as a regular player and ignorant of the suggested best practices suggestions on how to deal with players like Plancher.UCiF didn't kill Plancher but they surely did not look out for his best interest.

Ramifications:

This could be a tide turning case in collegiate sports, as programs will more actively test its athletes for this trait and adopt the NATA's best practices as part of their standard operating procedures.

If you did not have such hatred for Coach O'Leary, maybe your prediction would mean something, but as a ex football coach, let me give you my prediciton.

This will never see a courtroom and nothing will happen to Coach O'Leary.  Your comments about "playing fast and loose with the truth" just shows your intent of the situation.  This will be settled as did UF, FSU and eventaully USF will do with their lose.  The only hope that the family has in a court is if the Sentinel produces the four players, which is not likely to happen. 

[Bull Dozer]

Suggested Best Practice:

Athletes who carry the sickle cell trait are not precluded from playing or practicing. However, in June 2007, NATA issued a consensus statement warning that athletes who possess the trait are at greater risk during extreme conditioning exercises. The statement said collapses often were associated with a series of sprints, such as "gassers," and typically occurred during the initial workouts of a season or offseason. For athletes with the trait, NATA recommended, among other things, paced progression in workouts and more time for rest and recovery.

What did UCF's Coaching staff do?

Plancher "experienced exhaustion, dizziness, shortness of breath, and other signs of extreme fatigue that were ignored by trainers and/or coaches of the University of Central Florida,"

Facts at odd:

UCF: O'Leary told the paper he didn't see Plancher struggling and that his care was handled properly.

Players: allegedly 4 players told the Sentinel that "Plancher fell to the ground during sprints at the end of the conditioning session on March 18 -- the day before spring practice was officially scheduled to begin -- and that he showed signs of being in distress during the workout."

Somebody is lying: the players, the Sentinel, or a coach with a history of playing fast and loose with the truth....Considering that it was first reported that O'Liar "was not present", and then switched to that he was, UCF is starting this stare down at a disadvantage b/c it fumbled the facts, plus O'Liar's reputation.

Why UCF could have a real problem on their hands:

It was reported that Plancher collapsed last Spring. Combine this with both UCF and Erek Plancher knowing that they he had sickle cell trait, UCF should have been more proactive and been more vigilent about Plancher and should have seen the warning signs and paid Plancher more attention at the slightest sign of distress. UCF will be sued not b/c it intentionally neglected Plancher's signs of distress. Instead they will lose b/c they were simply ignorant and as a consequence negligent on the suggested best practices on how to deal with kids with the sickle cell trait.

My prediction:

UCiF will be vilanized and be made to look incompetent. This could get ugly if GOL's past history of dealing harshly with players (see GeorgiaTech) is brought into play. My guess is that UCiF will settle. Their coaches simply treated Plancher as a regular player and ignorant of the suggested best practices suggestions on how to deal with players like Plancher.UCiF didn't kill Plancher but they surely did not look out for his best interest.

Ramifications:

This could be a tide turning case in collegiate sports, as programs will more actively test its athletes for this trait and adopt the NATA's best practices as part of their standard operating procedures.

If you did not have such hatred for Coach O'Leary, maybe your prediction would mean something, but as a ex football coach, let me give you my prediciton.

This will never see a courtroom and nothing will happen to Coach O'Leary.  Your comments about "playing fast and loose with the truth" just shows your intent of the situation.  This will be settled as did UF, FSU and eventaully USF will do with their lose.  The only hope that the family has in a court is if the Sentinel produces the four players, which is not likely to happen. 

ROFL @ being an "ex-football coach" giving you any credibility on legal matters.  And of course this will be settled out of court because these situations always are. 

[Gridiron God]

I think that ucIF made some errors in how they handled this at every stage of the issue, and at every level of the administration.  This could have been handled better by ucIF, but so many of their fans are so wrapped up in blaming the Sentinel for writing stories about the topic that they've never really lashed out at their university for the way they handled it.  To be honest, if I were a ucIFer, I would be worried that this could happen again, because I don't think anyone at the university has ever accepted that they made an error.

The death of Dorsey was traumatic for USF, but USF not only handled it approprately, they actually strengthened their processes for handling these kinds of crises.  The two main results of the difference in how ucIF and USF handled the crisis - USF never got sued by the Dorsey family, and a USF softball player owes her life to the manner in which USF monitors and treats its players.

You ucIF fans will never admit it - but your university should be talking to USF about modeling their system on USF's best practices.

In the end, ucIF will end up paying out a few million dollars.  There is legal precedent in which ucIF has argued that certain state laws don't apply to their Athletics, and the Plancher family lawyer will be able to use that as leverage in negotiating an out of court settlement.  No way does ucIF let this get into a court of law - it will air out all the dirty laundry of just how badly they handled the issue.  Since the state won't pay more than $200K, it will end up coming out of Athletics funds, and will hurt their programs for a couple years.

Best practices?

Also, anything over $200,000 won't come out of the Atheltic fund, it will come from insurance that every school playing any sport carries and is required to carry, even us high school coaches have it.  

Tammie Dorsey declined to comment Tuesday through her attorney, but Kevin Kalwary, an investigator with Cohen, Jayson and Foster, said she had contacted his firm in January, shortly after her son's death.

"She was frustrated at her inability to get answers ... from USF, from the medical examiner, from everyone, " Kalwary said. "We're trying to get those answers for her, and all I can say is we're investigating the case."

That quote was taken from a blog written six months after Dorsey's death. Also, the Dorsey family is still considering a law suit.  

[Triple B]

Tammie Dorsey declined to comment Tuesday through her attorney, but Kevin Kalwary, an investigator with Cohen, Jayson and Foster, said she had contacted his firm in January, shortly after her son's death.

"She was frustrated at her inability to get answers ... from USF, from the medical examiner, from everyone, " Kalwary said. "We're trying to get those answers for her, and all I can say is we're investigating the case."

That quote was taken from a blog written six months after Dorsey's death. Also, the Dorsey family is still considering a law suit.  

Links for both of those bolded sentences, please ...