Wednesday, March 12, 2014

On the negligence lawsuit involving former Iowa football players injured during the rhabdomyolysis exercise scandal in January 2011.

In January 2011, 13 football players for the University of Iowa were hospitalized with rhabdomyolysis, which is the breakdown of muscle tissue leading to the release of muscle fiber contents into the bloodstream. The players suffered this condition as the result of overly strenuous workouts following a disappointing 2010 football season.

On March 10, 2014, one former player injured by "rhabdo" sued the school and State of Iowa for negligence. Unless one or more of the injured former players were in negotiation with the school before January 2013, and unless the parties agreed to waive arguments based on Iowa's statute of limitations, the player or players may lose on a technicality. Iowa Code 614.1(2) provides that personal injury lawsuits must be brought within two years. The former player's claim was initiated more than three years after the injury. Accordingly, even though the school would likely be liable for negligence, it may win because the player waited too long to file the lawsuit. That said, it is more likely that the players were previously in confidential negotiation with the school, and the parties agreed to waive any argument based on the statute of limitations.

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