Family sues Valparaiso schools over alleged severe concussion at football practice

VALPARAISO, Ind. - A family is suing Valparaiso Community Schools after their son allegedly suffered a 'severe concussion' during an unpadded football practice.

What we know:

Medical records the family shared with FOX Chicago show the student suffered a broken wrist and a concussion.

The student is a freshman at Valparaiso High School, but has been absent from school since the injuries. The family says the concussion is so severe, he's been back to the hospital multiple times and continues to have problems walking, balancing, sleeping and is now suffering from blurred vision and nose bleeds.

Last Thursday, the family filed a lawsuit in Porter County and is represented by the law offices of Walter Alvarez out of Crown Point. Montgomery Finch is one of the attorneys representing the family, who explained some of the deciding factors for why they chose to file a lawsuit.

"This was a non-contact drill in a pre-season practice, so when a player is removing himself from a practice during a non-contact drill, that should — theoretically raised some alarm bells," said Finch. "Seems like what we've come to see as severe indications of concussions, like eyes rolling back, things along those lines, there was never a discussion about a concussion."

Last month, Jason Solomon told us the school never notified him about his son's injuries. He said he learned something was wrong only after his son texted him saying he did not feel well. When he arrived to pick his son up from practice, Solomon told Fox Chicago the team downplayed the injuries.

"The head coach and the trainer told me it was a sprained wrist and go home and I was told that you're lucky that you didn't listen to them and took him to the ER because he could've came home to bed and crashed out and I could've woken up that next day and my son could've been gone," said Solomon.

"Nobody really knew what was happening, it sounded like," said Finch. "The coaches were unaware, or at least had not taken steps to address the injuries."

Fox Chicago reached out to Valparaiso Superintendent, Dr. Jim McCall, for a comment about the lawsuit. As of Monday evening, we were still waiting for a response. However, last month, McCall released a statement that said in part:

"Valparaiso Community Schools takes all concerns involving student health and safety seriously.  School administrators have been in contact with the father regarding the transition back to school and other educational options available to the student as per their request.  Any other information regarding student discipline cannot be disclosed as a matter of student privacy."

McCall also said no one reported or observed an injury during practice, and the coach found out only after practice ended. He also said the coach took action immediately and contacted the on-site athletic trainer.

McCall added, "The father was advised at that time to obtain further medical evaluation as a precaution."

The superintendent said these steps were consistent with district policies and safety protocols.

What's next:

Porter County Court records show a subpoena/summons has been filed with the City of Valparaiso, Valparaiso High School and the Valparaiso Administration Building. There are no future court dates listed yet. 

Finch tells Fox Chicago their law firm plans to speak to witnesses and take depositions. We asked him what the family is looking for with this lawsuit.

"That is somewhat difficult to answer," said Finch.

We also asked if the family is looking for the school district to pay for their medical bills.

"As far as I'm concerned, that is their position, is that Malachi suffered a severe injury on school grounds at a school event. It isn't fair that then they have to suffer insane or crazy amounts of medical bills just because their son was injured at a football practice that should not have happened," said Finch.

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