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Home/Legal & Regulatory and Reimbursement/Former Clemson Player Sues University
Legal & Regulatory and Reimbursement

Former Clemson Player Sues University

March 5, 2019 2 min read Premium comments

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Former Clemson Player Sues University
Source: Wikimedia Commons
Secondary#baseball#clemson#grantcox

Former Clemson baseball player Grant Cox has filed a lawsuit against the university and its sports medicine department, alleging that the treatment that he received amounted to medical malpractice and negligence.

Cox has asserted claims of: negligence and gross negligence; breach of fiduciary duty; negligent hiring, retention, supervision, training and management; negligent misrepresentation; intentional infliction of emotional distress; fraud; breach of contract; and medical malpractice.

He seeks damages for “loss of past, present and future enjoyment of life; past, present and future medical expenses; loss of income earnings and opportunities; mental anguish and suffering; pain and suffering; and loss of mobility.”

Cox signed with Clemson in 2014. He suffered a lower leg injury during the fall 2016 preseason and saw the team’s athletic trainer, Travis Johnston, for treatment.

In his suit, Cox alleges that the treatment he received from Clemson consisted of dry-needling, heat therapy and ankle restriction. He also claims that Clemson had him engage in baseball fielding drills while wearing a protective boot.

Clemson eventually referred Cox to Blue Ridge Orthopedic Clinic, where he was diagnosed with an accessory soleus muscle in his right ankle, which is the rare growth of an additional muscle. Cox was sent to Dr. Robert Anderson, who surgically removed the additional muscle in November 2016.

Cox alleges that Clemson directed him to engage in strenuous exercises during his recovery that contraindicated Dr. Anderson’s instructions, that he was never seen for post-surgical treatment, and that the sports medicine department told him that his lack of progress was psychological.

The following spring, Cox’s parents arranged for a visit with Dr. Anderson, who determined that Cox had potential nerve damage and “significant deficits and defects” and recommended that Cox receive intensive rehabilitation.

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Cox had his scholarship revoked and is currently going through rehabilitation therapy. He also underwent additional surgery to repair a hip injury that may have been related to participating in baseball fielding drills while wearing a protective boot. Cox also alleges that the Clemson Sports Medicine Program and Sports Program suggested that his problems may be psychological.

OTW spoke with Cox, who said, “We believe that no one should have to go through this. It isn’t fair to anyone—the pain that I have endured. My diagnosis will stay with me forever. We are on a mission to make sure this does not happen to any other athlete or family.”

Cox’s attorney, Harold Christian, Jr., told OTW, “This was a case of an unqualified trainer who was given free rein to treat a serious injury, bringing a promising baseball career to an end.”

React:

Discussion

14
DS
Dr. Sarah MitchellOrthopedic Surgeon · Mayo Clinic

This is a fascinating development. In my practice we've seen similar outcomes with the revised protocol. The key differentiator seems to be patient selection criteria. Has anyone else noticed the correlation with BMI thresholds?

8
JT
James Thornton, MDSpine Fellow · HSS

Great point. I'd push back slightly on the conclusion, the sample size in the cited study is too small to draw population-level inferences. That said, the directional signal is compelling and worth a larger RCT.

5
RP
R. PatelSports Medicine · Stanford

We implemented a similar approach last year. Early results are promising but we're still gathering 12-month follow-up data. Happy to share our protocol if anyone is interested.

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