TEXARKANA, Texas -- A settlement has been announced in a lawsuit against Riddell, the maker of a football helmet worn by a player who suffered a life-altering brain injury during a 2017 game in Simms, Texas.
The terms of the settlement agreement are confidential, according to a lawyer representing Scott Akins and his parents, Emillia Akins and Robert Akins.
Scott Akins was 17 when he was gravely injured during a James Bowie Pirates varsity football game Sept. 22, 2017. He was wearing a Riddell Revolution Speed helmet when he suffered a subdural hematoma that left him suffering from spastic quadriplegia and in need of round-the-clock care for the remainder of his life.
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An excerpt from a report by an expert for the plaintiff included in a report issued May 13 by U.S. Magistrate Judge Caroline Craven describes the circumstances of Scott Akins' injury while a sophomore playing outside linebacker.
"Near the end of the game, Charles Scott attempted to tackle a ball carrier, rotated counterclockwise and fell, striking the back-left portion of his helmet against the ground. The impact speed of the subject incident was 12 to 13 mph," the excerpt states.
Scott Akins was helped from the field by coaches but lost consciousness on the sidelines, according to court documents.
The Akins family filed suit in 2019 in the Texarkana Division of the Eastern District of Texas. They allege that the Riddell helmet worn by Scott Akins was defective both in the design of the outer shell and the padding inside, that Riddell knew the helmet didn't protect well enough and that an economically feasible alternative design was available to Riddell.
In her May 23 report recommending that Riddell's motion for summary judgment be denied, Craven found that there was enough for the case to go to a jury.
"At this stage, the court finds plaintiffs have met their minimal burden to show the safety benefits from the proposed alternative designs are foreseeably greater than the resulting costs including any diminished usefulness or diminished safety," Craven's report states.
Craven also found that the jury tasked with deciding if Riddell is liable for design defects could consider whether Riddell is guilty of gross negligence and subject to punitive damages.
"Here, the court finds the totality of the evidence, viewed in the light most favorable to plaintiffs, is sufficient to lead to the inference that agents of the corporation were aware of the risk to which others were being exposed. Such inference is sufficient to support corporate liability," the order states.
Several days after Craven's report was filed, the parties filed a joint motion asking to halt the case in light of a settlement. U.S. District Judge Robert Schroeder III entered an order May 17 staying the case which was scheduled for jury selection this week in Texarkana.
The Akins family is represented by Anapol Weiss of Scottsdale, Arizona; Lyons and Simmons of Dallas; and Patton, Tidwell and Culbertson of Texarkana. Riddell is represented by Ray, Pena, McChristiansen of El Paso; Haltom and Doan of Texarkana; and Prichard, Hawkins and Young of San Antonio.