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USA Today: Parents of Shawn Nieto explain why they sued

kyle h

Hendo
Feb 3, 2005
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New Mexico
Parents of Shawn Nieto explain why they sued to gain state final eligibility for allegedly concussed son
By: Cam Smith of the USA Today

Full Link Here
http://usatodayhss.com/?p=100516783

Just before Christmas the rancor surrounding America’s ongoing concussion and head safety debate turned its attention to New Mexico, where Cleveland star running back Shawn Nieto competed in a state title game less than a week after apparently suffering a concussion on a hit in a state semifinal. The teen was only allowed to compete when his family filed a lawsuit against the New Mexico Athletic Association (NMAA) and won a temporary restraining order that allowed Nieto to compete.

Now Nieto’s parents are speaking out about their decision to have their son play in the game, and the broader impact it has on the concussion and head trauma debate in America. In an interview with The Washington Post, the Nieto family didn’t mince words.

“That’s the bogey-man blanket they’re throwing in sports now,” Peter Nieto, Shawn’s father, told the Post’s Rick Maese about concussion fears. … “We’re not rookies. We know what a concussion is.”

Essentially, the Nieto family’s argument is that Shawn didn’t actually suffer a full concussion; he just displayed possible concussion symptoms immediately after suffering absorbing a big hit. The family scheduled an appointment with their own doctor the day after the state semifinal, and that doctor evaluated Nieto and found that he exhibited, “normal cognitive ability.” Yet, because the school’s medical personnel had ruled Nieto suffered a possible concussion, NMAA protocol insisted that he had to remain on the sidelines. The evidence provided by the Nieto’s own doctor proved crucial in gaining the ability to play for Shawn Nieto, but that came before the doctor herself rescinded her own decision and accused the family of hiding salient details about their son’s injury at the time of examination.

For their part, the family insists they did what was best for their son, which was in direct contravention of what the state and concussions experts have asked others to do.

“This concussion law is just one size fits all,” Erica Nieto told Maese of New Mexico’s statute. “It’s expected to fit every situation, and it really does not allow for how to address a conflict — how do you get an independent evaluation? There’s no wiggle room at all, and I think there needs to be.”

Washington Post Story

RicK Maese

When Shawn Nieto felt the hit, he clutched the football tight, making sure not to lose his grip, even as his 16-year-old body fell limply to the ground.

When Erica Nieto saw the hit, she sprinted from her seat in the stands, down near the sideline and screamed for her son’s attention.

When the trainers at Cleveland High in Rio Rancho, N.M., saw the hit, they ran onto the field to make sure their junior running back was okay.

This much, everyone agrees on. What happened in the seconds, minutes and days that followed the state semifinal playoff game ultimately led both sides to a courtroom. School officials say Shawn was knocked unconscious for 20 to 30 seconds. He suffered a concussion, they said, which meant under state law, he was forced to sit out seven days to recover — which meant he’d miss the following week’s state championship game.

But Shawn says he never lost consciousness, and his family insists he didn’t suffer a concussion. So they hired a lawyer and filed a motion in court last month, pleading with a judge to let Shawn play in the title game.

https://www.washingtonpost.com/spor...c-11e5-9443-7074c3645405_story.html?tid=sm_tw
 
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