Mr. Gilpin was taking Adderall at the time of his death and had been taking creatine - though he may have stopped taking it before his death.
On the afternoon of August 20, while the heat index hovered in the mid-90's, Max Gilpin, an offensive lineman, collapsed. He was taken to the hospital with a body temperature of 107 degrees. He died three days later. Coaches allegedly refused to allow players to take water breaks during practice. According to a deposition given by the school's athletic director, Mr. Craig Webb, Mr. Gilpin was on the ground for 10-15 minutes before anyone attended to him.
According to reports, a second player also collapsed and spent two days in the hospital.
According to Kentucky law, a person is guilty of reckless homicide, a Class D felony (carrying a range of 1-5 years in prison), if he causes, by his recklessness, the death of another. Said the Commonwealth's Attorney, "a reasonable man should have realized that something like this could have occurred." Interestingly enough, none of the five assistant coaches on the field at the time of Mr. Gilpin's collapse were charged.
Earlier this month I posted an article about assigning criminal liability to bad business decisions. Could this case set a precedent and expose all coaches to criminal liability when something goes horribly wrong at practice or in a game? Texas has always been famous for working football players hard during the summer so that they'll be ready to compete in the fall -- you haven't forgotten about Bear Bryant's Junction Boys? While in law school it was not unusual for me to come home from work and run 5 miles in 90 and 100 degree temperatures before going to class. Have the increased use of prescription pharmaceuticals, over the counter medicines and supplements made us more vulnerable to the heat?
Only time will tell if Mr. Gilpin's death was a tragic accident or a death that could have been prevented.
See also:
- Article from the Lexington Herald-Leader.
- Article from the Louisville Courier-Journal.
- Article from the Boston Herald.
- Wall Street Journal Law Blog.
3 comments:
Really, this is a dumb case. Sure the kid died, but i wouldn't blame it on the coach. I have played football for 8 years and not once blamed my coach for any health or mental health problems on the field, in school, or at home. Sure the coaches choose how much the kids run and how hard the practice is, but the player needs to know when to stop themselves. I would have times where i would pass out on the field from low blood sugar or dehydration, thats my fault for not getting the fluids i need and the right food in my body....eventually i learned to take myself over the team in certain cases. I never once picked my personal time over my team, but with health i did. Football is one of the most intense sports known to man. People get messed up bad, but thats part of the game. One thing coaches could do is preach health to their team more. In nevada, at least, there is a minimum of 3 water breaks required. So, this coach doesn't deserve to be charged with anything, im sure he feels bad enough that he lost one of his players. Coaches love their players and don't want that for any of them. It's the players that need to grow up and realize that they are passed their limits and need to stop. It is a team, not just the players, but the coaches and the rest of the staff that helps too. People are turning into a bunch of pansies....it's football for god sake, no one complains when a kid gets knocked out doing mma or gets a cut on their face. What's so different about football???
James,
Thanks for your comments. I agree that this case sets a very bad precedent. I'm also concerned that the coach was indicted after the civil suit was filed. It almost looks as if the prosecutor is working for the plaintiffs.
By now, you've probably seen news reports from around the country reflecting the fact that the Jefferson County Public School system investigated this matter and found that Coach Jason Stinson did not break any rules in his conduct of the practice where the young man died. You may have missed the following story, however:http://www.courier-journal.com/article/20090308/NEWS01/903080413
The link above is to an article indicating that an expert witness for Coach Stinson, Dr. George Nichols, has testified that the player, Max Gilpin, was in fact properly hydrated when he was taken to the emergency room and that the prescription medication Adderall may have contributed to the child's problems. Big deal, you say, how credible is a the testimony of a retained expert witness, right? I agree, but almost hidden within the article (since the Courier-Journal has been going after the "Christian" football coach like a house on fire) is the fact that an emergency medicine physician in Louisville with no connections to the case save the fact that the Louisville Courier-Journal asked him to review the records, Dr. William Smock, has reached the same conclusion. Moreover, Dr. Smock is a nationally recognized authority on Emergency Medicine who is also one of the most formidable witnesses any attorney will ever encounter. This is one more indicator of why this criminal prosecution is an obscenity. I'm going to have to put the rest of my message on another comment due to space restrictions.
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