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School, doctor sued over player's death
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Publication Date: 10/10/2009
Source: Star-Ledger (NJ)
School, doctor sued over player's death
School, doctor sued over player's death
Publication Date 10/10/2009
Source: Star-Ledger (NJ)

School, doctor sued over player's death

The family of a Montclair High School football player who died two days after receiving a blow to the head that caused a brain hemorrhage is suing the school and the physician who cleared the boy to play despite two milder concussions in the previous month.

The lawsuit was filed in Superior Court in Essex County on behalf of Ryne Dougherty, a 17-year-old junior linebacker who died Oct. 15, 2008, two days after suffering the on-field head injury.

Dougherty had suffered two concussions in successive weeks in September, according to the lawsuit, but was still allowed to play in the game on Oct. 13, 2008.

On Oct. 2, 2008 Dougherty and other players on the football team underwent what is known as an ImPACT test, a computer-based exam that tests memory and concentration to assess whether someone has fully recovered from a concussion.

But the test was not administered to determine the extent of Dougherty's recovery from his two concussions, according to a report on Sports Illustrated's website. The report said the test was being administered to establish a baseline score that can later be compared to a student's score after suffering a head injury.

As of the beginning of this academic year, 93 New Jersey high schools were administering the ImPACT test to establish such baseline scores in an initiative that began three years ago.

Dougherty's lawsuit claims his ImPACT test "revealed objectively abnormal results," but the report on SI.com said the scores of all of the players tested on Oct. 2 were voided because the disruptive behavior of one student had altered the results.

A day after the ImPACT testing, Dougherty was examined by his personal physician, Michele Nitti of Glen Ridge, who cleared him to play football without reviewing the results of his ImPACT test and despite his complaints about fatigue, according to the lawsuit.

John Porcelli, Montclair High's assistant principal for athletics, declined to comment on either the ImPACT testing or the Dougherty family lawsuit."Because of that lawsuit, I can't comment on anything," he said, adding Dougherty had his doctor's clearance to play football.

Nitti did not return calls to her office in Glen Ridge. Her Montclair Family Practice also is named in the lawsuit.

The Dougherty family complaint claims the town of Montclair, its Board of Education and Montclair High "were negligent in their conduct by permitting Ryne to participate in a high-contact game with the knowledge that his medical and physical condition was compromised in light of the prior concussions and the Oct. 2, 2008, ImPACT test results." It contends Nitti "knew or should have known that Ryne had not completely recovered from prior concussions and was still exhibiting signs and symptoms of post-concussion syndrome when she cleared Ryne to participate in football in October 2008.

Staff writers Jackie Friedman and Vinessa Erminio contributed to this report. Rudy Larini may be reached at rlarini@starledger.com or (973)392-4253.

(c) 2009 The Star-Ledger. All Rights Reserved. Used by NewsBank with Permission.
 
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