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News, sports, Tennis, USA

Still concussed Eugenie Bouchard sues for damages: USTA, USNTC named defendants


Eugenie Bouchard is not playing nice anymore.

WTA’s Most Improved Player of 2014  is suing the United States Tennis Association (USTA) and the United States National Tennis Centre (USNTC).

The Canadian beauty slipped and fell in the women’s locker room after a mixed doubles match at the US Open suffering a concussion the ill-effects of which have not worn off a month later.

The accident was caused by a cleaning agent that was left overnight on the floor and meant to be applied when the room is no longer in use.

Bouchard claims that there was no warning sign highlighting the state of the floor.

Bouchard’s lawyer, Benedict Morelli, said:

“If they were going to do that, they should have closed the door and locked it off. And they didn’t do that.”

Morelli added:

“We could be talking about millions and millions, we don’t know the extent yet.”

The World No. 39 has played just one match since retiring midway last week against Andrea Petkovic at the China Open  and withdrawing from tournaments in Wuhan, Tokyo and Hong Kong.

Bouchard is seeking actual, compensatory and statutory damages along with punitive damages, and wants a jury trial.

Chris Widmaier, the U.S.T.A.’s managing director of corporate communications, refused to comment saying it was against policy.

The suit states:

“Ms. Bouchard entered the physiotherapy room of the women’s locker room when she was caused to slip and fall by a slippery, foreign and dangerous substance on the floor.

The Defendants caused or created this slippery, foreign and dangerous substance to be on the floor, or knew or should have known that the slippery, foreign and dangerous substance was on the floor.

The Defendants failed to provide Ms. Bouchard with any warnings whatsoever regarding the aforementioned dangerous condition.”

Bouchard was named the world’s most marketable athlete last May by SportsPro, a UK-based magazine.

She was 2013’s WTA Newcomer of the Year.

It was in 2014 that she had her best results making the semi-finals at the Australian and French Opens. She was a finalist at Wimbledon and made the fourth round at the US Open. She attained a career-high ranking of 5.

This year, she suffered a slump in form but was regaining lost ground when she suffered her accident prior to her fourth round match against Roberta Vinci at Flushing Meadows. Vinci went on to make the final losing to compatriot Flavia Pennetta.

Concussions are a rare occurrence in tennis. It is a non-contact sport, after all.

WebMD describes it as “the most common and least serious type of traumatic brain injury. The word comes from the Latin concutere, which means ‘to shake violently.’ It is usually caused by a sudden direct blow or bump to the head.”

WebMD states:

“The brain is made of soft tissue. It’s cushioned by spinal fluid and encased in the protective shell of the skull. When you sustain a concussion, the impact can jolt your brain. Sometimes, it literally causes it to move around in your head. Traumatic brain injuries can cause bruising, damage to the blood vessels, and injury to the nerves.

The result? Your brain doesn’t function normally. If you’ve suffered a concussion, vision may be disturbed, you may lose equilibrium, or you may fall unconscious. In short, the brain is confused.”

The website adds:

“Concussions can be tricky to diagnose. Though you may have a visible cut or bruise on your head, you can’t actually see a concussion. Signs may not appear for days or weeks after the injury. Some symptoms last for just seconds; others may linger.”

Writing for Yahoo! Sports, Canada, Stephanie Myles cites the case of Sarah Borwell, a British player who was hit by American Lilia Osterloha’s ball at a WTA doubles tournament in Stanford, Connecticut in July 2010.

Myles says:

“‘Girls aren’t like boys where they go around you. She kind of went at me. I turned, and it hit the back of my skull, bottom left,’ Borwell said in an interview with Eh Game.

She kept playing, felt fine, and they won the match.

‘As soon as the adrenaline wore off I was a mess. I was feeling sick. I was dizzy, and my face swelled up on the lefthand side,’ Borwell said. ‘They monitored me for the evening, kept checking every hour and the next day, I had an MRI in San Francisco and they saw a bruise on my brain.’

Borwell was told she would probably be fine in a week. She went to San Diego for the next tournament but she still felt groggy, and had to stay in a dark room. She then flew to Montreal for the Rogers Cup, where they underwent what she termed some “basic tests” and was told she could go out and play.
She tried to practise. ‘I couldn’t walk straight, get my feet straight or anything,’ Borwell remembered.

A specialist who dealt with hockey players administered the SAC test. Orwell was asked to count backwards, month by month. She got as far as May. She couldn’t balance on one foot with her eyes closed. Her speech was slurred.

Orwell missed the US Open; she returned to action at the Quebec City tournament in mid-September, about six weeks after the original accident. Then she flew to India to compete in the Commonwealth Games, where she began having panic attacks just being around people and talking to them.

By the 2011 Australian Open (where she teamed up with Canadian Marie-Eve Pelletier), more than five months later, Borwell still was having issues, especially with verbal communication.

‘I’ve been hit before and if it hits you on the skull, you’re fine. But right at the base of my skull, it got a bit of the brain,’ she said. ‘When you have balls whizzing at your head … that was kind of the end of my career, to be honest.’

Borwell says it took her about a year to feel 100 per cent again. She continued to play, but she still didn’t feel like herself. ‘My short-term memory’s still not great. I’m finding it a lot more difficult to remember things, and my speech,’ she said.”

Wikipedia details post-concussion syndrome thus:

“In post-concussion syndrome, symptoms do not resolve for weeks, months, or years after a concussion, and may occasionally be permanent. About 10% to 20% of people have post concussion syndrome for more than a month. Symptoms may include headaches, dizziness, fatigue, anxiety, memory and attention problems, sleep problems, and irritability. There is no scientifically established treatment, and rest, a recommended recovery technique, has limited effectiveness. Symptoms usually go away on their own within months.The question of whether the syndrome is due to structural damage or other factors such as psychological ones, or a combination of these, has long been the subject of debate.”

Genie Bouchard has not been loquacious about the nature of her complaint on social media.

These are her latest posts on Facebook, Twitter and Instagram respectively.

Closer look (and yes that's a bathtub right next to a bed)

A post shared by Genie Bouchard (@geniebouchard) on

The Occupational Safety and Health Act of 1970 lists the duties of an employer as follows:

SEC. 5. Duties

(a) Each employer —

(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this Act.
29 USC 654

(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.”

While the USTA and the USNTC are certainly not Bouchard’s employers, they are duty-bound to ensure safety of the players on their premises during  events they conduct.

We can only hope that Bouchard returns to the court soon putting aside the acrimony and recriminations that will certainly ensue from her legal action. WTA, too, wouldn’t wish to lose another rising star given that recent Grand Slam winners have been in the latter stages of their career opting out soon after realising their Grand Slam dreams. Li Na, Marion Bartoli and now Flavia Pennetta are the most recent additions to that brigade. Kim Clijsters is another.

The WTA tour’s marketability ebbs and flows with its players’ saleability.

One of their contemporary campaigns’  featured the tagline, “Strong is beautiful.”

Strong, in this case, is concussed and very much dizzy.

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About LINUS FERNANDES

I have been an IT professional with over 12 years professional experience. I'm an B.Sc. in Statistics, M.Sc in Computer Science (University of Mumbai) and an MBA from the Cyprus International Institute of Management. I'm also a finance student and have completed levels I and II of the CFA course. Blogging is a part-time vocation until I land a full-time position. I am also the author of three books, Those Glory Days: Cricket World Cup 2011, Best of Googli Hoogli and Poems: An Anthology, all available on Amazon Worldwide.

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