Bilbozo wrote on Sep 10, 2008 7:52 PM:I can't imagine how much money the Eveland family has spent on medical bills.

They will definitely try to go for way more than 25k, that's for sure.

It's too bad they have to resort to suing the school district though. Causing students and teachers to suffer.

Kind of a win lose situation either way you go.

Pity wrote on Sep 10, 2008 8:19 PM:Leave it to a lawyer to always suck the empathy out of any situation such as this. What a miserable profession.

Bob wrote on Sep 10, 2008 8:42 PM:You as parents made the choice to allow your child to play a sport in which severe injury is possible. You signed the waiver...you deserve nothing from the school district or the city. The event is tragic but stop trying to cash in. All this will do is turn schools away from having students participate in sports. The ambulance is on stand by in case an event occurs in which imminent death is a possibility...if not then they stabilize and call for another ambulance. The paramedics believed your child was stable enough for a second ambulance to be called. Take some responsibility for allowing your son to play football and be happy that he is alive.

the truth wrote on Sep 10, 2008 8:57 PM:dear "pity": it is unfortunate you do not understand and appreciate the fantastic judicial system that americans are privileged to have. the eveland/luth family has a constitutional right to present their claim for damages based upon the alleged negligence of the school and city personnel. if the family's claim is meritorious, a jury composed of a cross-section of the community will determine the damage award. if the jury determines there is no negligence on behalf of the school and city the young boy and his family will get nothing. do you think the family should take on the city and school and their defense attorneys by themselves? of course not. the family has a right to search for and retain the best attorney they can find. remember "pity", the attorney does not solicit the client; the client solicits the attorney. without the law and lawyers we would have anarchy.

Gimme a Break bozo and pity wrote on Sep 10, 2008 9:03 PM:It's about time they filed suit. I heard he was feeling faint on the field and the trainer let him play anyway attributing the dizziness to an ankle injury. People way underestimate the danger of football and other contact sports, in my opinion the parents must share some of the liability for letting him participate but ultimately, what the heck do they have an ambulance there for if they aren't going to use it? If "rules" prevent the ambulance from leaving the field then they need TWO ambulances. It made me sick how the school district was busy raising money in the community for this kid and making all kinds of sympathy noises but they failed to take responsibility for putting these kids at risk. This kid's life will be ruined and he'll be struggling with recovery years after SMUSD has forgotten all about him.

amazing wrote on Sep 10, 2008 9:18 PM:I cannot see this lawsuit ever going to court. Scott received amazing care and could not have gotten to the hospital any faster. This is a tragedy and a horrible situation for the family. But why is it that SOMEONE, ANYONE always has to be blamed?

Football Parent wrote on Sep 10, 2008 9:21 PM:I have compassion for what this player and his family is going through. But, to sue is a slap in the face to this community who has stood beside you.

Do not believe everything you read wrote on Sep 10, 2008 9:29 PM:Folks! The things reported in this article were written by the family's lawyer and are his assertions, not the facts or truth. I really love it when people on these blogs start with "I heard...." When you do this you are speaking from ignorance!

Pity Pt wrote on Sep 10, 2008 9:38 PM:Slam me all you want bloggers, particularly you "Truth". I am not questioning our judicial system, only those that we allow to maintain it. Is there any lawyer out there that would be willing to take on this case pro bono and lessen the hit the school district will take monetarily? I didn't think so.

Greg in Oceanside wrote on Sep 10, 2008 10:16 PM:It was only a matter of time that the family was going to file a lawsuit. Why? Easy answer; they want all the taxpayers to fund the medical care for their son for the duration of his care, and possibly get some 'extra' money out of it.

I have a son who plays football and I know the risks. While I wasn't there at Scotts game to see for myself whether he was cared for properly, but from what I've seen and read it seems like proper care was administrated by the appropriate people.

Now the taxpayers will be paying to defend the City of San Marcos and the school district. I certainly hope that justice prevails and the jury makes the right decision. If the judgment is in favor of the city and school district, I think the family should be held accountable for the legal costs. If the case goes (rightfully) in favor of the family, then so be it.

But, you can bet if it does go in favor of the family it's going to probably be the death knell for football in the school and possibly others.

Favre wrote on Sep 10, 2008 10:52 PM:If waivers don't matter, and parental responsibility does not matter, why bother having a waiver? We did not allow our son to play high school football for this very reason. There is that high odds, one in a hundred thousand chance that a permanent and disabling injury can occur to mess a youngster up for the rest of their lives.

Roberto wrote on Sep 10, 2008 11:30 PM:We live in litigious society. Some even make a living out of suing establishments for disability violations. The family will be banrupted if they don't sue and the district will have the insurance pay off....its time we get our next president John MaCain to consider catstrophic medical insurance for all citizens.

lawyers wrote on Sep 11, 2008 12:32 AM:I always chuckle when I see someone criticize plaintiffs' attorneys .... In my view, the possibility of a lawsuit is an indispensable means for keeping all sorts of activities honest and safe. That's not to say that I necessarily agree with this particular lawsuit, and I'm certainly aware that frivolous lawsuits have some bad side effects. But we'd be much less safe if this sort of lawsuit didn't exist at all.

Andy wrote on Sep 11, 2008 1:08 AM:Bob,

that is not true at all I disagree.

Andy in Escondido wrote on Sep 11, 2008 1:19 AM:Favre,

I totally agree with you. Yeah why bother have a waiver? I wanted to play football and those sports now I dont when I saw what happened to this Young Man. We all have him in our Prayers especially me.

Anonymom wrote on Sep 11, 2008 4:19 AM:This family put its stakes into athletics. They should have known that there was risk involved. We all have decisions to make. My kids were better at academics. The glorification of sports is not without risks.

Facts of Life wrote on Sep 11, 2008 5:45 AM:Come on, people, you're all old enough to know by now that whatever misfortune befalls you is always somebody else's fault. That is the fundamental principle by which all lawyers guide their craft.

In the meantime, just accept the fact that a portion of your money spent on trying to educate your kid will always be spent on lawyers trying to out-debate one another, which is actually quite entertaining if your other pasttime is watching cockfighting and Judge Judy.

I wish Scott the best for a full recovery.

Notice the Republicans wrote on Sep 11, 2008 6:33 AM:Notice the posts from the Fox and Rush listeners. They tell us if you get injured it is your fault. If you cannot pay for medical care it is your fault.

What do our Republican radio friends tell the sick injured and unlucky? "Quit whining. I am not hurt so I do not care about you." "No Hillary care, no universal medical care, no nanny state." Their attitude is let the sick die and decrease the surplus population.

We are all one auto accident, one injury or one illness away from financial disaster. When that happens we lose our family homes, our family savings and our pensions. The future of our family evaporates. No more savings account for college for the children. No retirement money for surviving spouse. Desperate phone calls by the dozens to insurance companies that leave us on hold and find all kinds of tricks not to pay our claims.

My academically gifted and athlete son complained of a sore knee in the fall of his senior year. That knee was the first symptom of a diagnosis of an autoimmune disease that will end his life in the next year or two. In the meantime the medicines to keep him alive for now cost over $6000 a month.

Last year we had to pay $2000 out of pocket for each treatment each month. The new insurance employer plan has decided to cover even less starting in October. As we watch him suffer, we have to constantly worry about money and fight with the insurance company to pay the part of the expenses that is theirs.

Oh I know I am just a whiner. My son should just go to emergency room for his care. I can hear the radio republicans now, "Who cares what happens to your family, it is not happening to mine."

I have heard it all from you lovely Republicans. Once this country was about community, about helping others and protecting those who got sick or hurt through no fault of their own. No more.

If you do not believe me,re-read the above posts, any of you can pick out the bloggers who listen to Republican radio con men and Fox News. They have no sympathy for anyone but themselves.

Bill wrote on Sep 11, 2008 7:07 AM:If parents would have sued anyone, like they do now, back in the 70s, these kids wouldn't be playing sports today!!

Mike wrote on Sep 11, 2008 7:19 AM:Remember this the next time a parent comes begging for a hand-out to help with their injured son. I used to feel sorry for the parents and their struggles. Now they get a blood-sucking Lawyer, blame everyone else, and want my tax dollars to take care of their kid. You may get my money in the end but you will be facing your son everyday, trying to pass the blame as much as you want. I will look at you every day in town and have zero sympathy for you, your son or your plight. How many of us want our donations back that were gathered at various high school football games? I know I do...

Why now wrote on Sep 11, 2008 8:03 AM:Why is this lawsuit coming about now? Football is dangerous and always has been. If the parents own their house, did they take out the equity to help their son?

Beth wrote on Sep 11, 2008 8:10 AM:This suit absolutely has to be brought. My fear for thefamily is that it will fall under their workmans compensation. This system is wrought with problems where the injured must fight the administrators every step of the way.

Beth wrote on Sep 11, 2008 8:15 AM:To "notice to republicans"
not all republicans think like you describe.

the truth wrote on Sep 11, 2008 8:23 AM:dear pity pt: there are hundreds of attorneys statewide that perform thousands of hours of pro bono work each year. other than medical doctors and habitat for humanity volunteers, i cannot readily think of any other profession/occupation that matches the legal profession for providing free service on a regular basis.
do you think the attorneys for the school district and the city are going to work for free? why should the eveland/luth attorney work for free? pity pt, do you work for free?
and yes pity pt, you are questioning our judicial system with your tired, worn out, non-imaginative, stereotypical slurs about attorneys who happen to be an integral component of civilized society.

the truth wrote on Sep 11, 2008 8:30 AM:dear "football parent": please define "stood beside you". exactly what have you done for the eveland/luth family that would justify their giving up their constitutional right for judicial review of the facts surrounding the subject incident?

esteban wrote on Sep 11, 2008 8:32 AM:To "notice to republicans"...I am so sorry to hear what you are going thru. But when you politicize it, you throw out any credibility you ever had. God bless you and your son.

ACADEMICS FIRST wrote on Sep 11, 2008 8:40 AM:Your local high school sanctions competive football. They should be prepared for all possiable risks.
If the dist. is not insured for a loss such as this, all games should stop. Academics come first. This tradgety will only drain resorces need for education.
This young man needs to be taken care of,the time to prepare for him was befor the game.
Waivers are of little value, they are just set aside.
We do not need national health care to solve these problems.

To Notice to the Republicans wrote on Sep 11, 2008 8:41 AM:No matter how tragic your son's story is, and it is, it is still no one's responsibility to pay for his medical bills but yours. Sorry.

ToNotice the Rep. wrote on Sep 11, 2008 8:42 AM:How sad you took the time to use such a serious situation to peddle your political views. This is typical of democrats, I think schools push sports too hard now days. I drive by MHHS during the summer (when it is 90+ degrees) and see the future football team out there practicing. I know that it takes practice to win but is it that serious to have the kids out there in the middle of the hot day for hours, wearing helmets and pads, doesn't the field have lights so they could practice at night? If the coaches would back off a little and stop trying to re-live their "glory days" then maybe we would not see many of the serious incidents associated with sports. Even the Marine Corps has enough sense to say "Hey it's 100 degrees outside, we need to reduce the training so that we do not cause any serious medical conditions". But the bottom line in all of it is that the parents sign permission forms, where it clearly states the schools policy on injuries and the risk of playing the sport. I feel bad for Scott, and pray that he recovers fully.

Roberto wrote on Sep 11, 2008 8:55 AM:To Notice to Republican: I agree, lets raise taxes and get get catastrophic medical for all Americans...call it what it is though, a steep tax increase & social experiment.

Sleeping but Awake wrote on Sep 11, 2008 9:25 AM:To all of you who criticize the parents, have you no shame or even a small amount of real empathy for this family who is suffering through so much.

This is but one simple example of why our country needs to have a viable and effective national healtcare system.

My heart felt sympathies to the parents and to their injured son.

This is not about lawsuits. Nor is this about football or acceptance of risk. This is about humanity. Pitcure yourself with a son who is so gravely injured and bills that will cause the family to face financial ruin.

And to those who do not understand this then it also becomes about how ignorant and mean spiritied people can be. Shame on all of you, each and everyone of you have done nothing but advertise how pathetic you are as a member of our society. time to consider how you think and behave and care, your attitudes are disgusting.

Football Parent wrote on Sep 11, 2008 9:33 AM:As the parent of a Mission Hills Grizzly I understand the Luth's lawsuit and share similar concerns. As "Bob" so eloquently pointed out "The ambulance is on stand by in case an event occurs in which imminent death is a possibility..." - does an injury of this magnitude not meet this criteria? Also, I'm not a doctor but basic first aid training has taught me that "if a patient remains unconcious for a period of 2 1/2 minutes he is in grave danger"; there was a host of medical professionals on the field standing there as Scotty lay unconcious for a much longer period of time than that. Any reasonable person would assume that the medical staff on the field is trained in more than broken arms and sprained ankles. Of course the Luth's knew of the dangers associated with football, as do I, but we as parents make decisions for our kids based on what we believe the facts to be. This tragic event has shown us all that things are not always as they appear. Lastly, the Luth's have been searching for answers to unanswered questions - unfortunately a law suit is needed to get them.

to Bill wrote on Sep 11, 2008 9:34 AM:They are not suing because they are selfish or stupid or greedy, they are suing for money to take care of the boy.

If we had universal care these parents would not be forced to sue. They would have not been forced to go to the press last year when the wonderful free market insurance company, that you republicons love cut off his benefits.

I know Bill it is not your son or your family, so who cares.

Michelle wrote on Sep 11, 2008 9:53 AM:Unfortunately there are other circumstances that will undoubtedly come forward to expose what happened prior to the game. Many of us students know about it. These circumstances can make a brain injury worse, so the school is not at fault for this one.

Leta wrote on Sep 11, 2008 9:58 AM:Favre,

I totally agree with you also. My kids are going to be swimmers and rock climbers. No contact sports at all.

Although I do feel sorry for the family; they know these things can happen.

bogie wrote on Sep 11, 2008 9:59 AM:Notice the Republicans @ 6:33 AM: provides a pathetic example of how we allow democrats and republicans to divide us into political categories so we can assail each other and lose focus on what both of these parties are doing to us.

Campaign for Liberty

Peace and a solid recovery for Scott

Margaret wrote on Sep 11, 2008 10:36 AM:I havae read with disbelief every message and almost all of you have missed the point of why the law suit was filed. Someone knows how long Scott laid on that field and the reason why, but they won't say. I have read every story that has been in the news about Scotty and I remember the trauma doctor said that his head injury was worse than any he had seen that were related to auto injuries.

How can it be that he was severly injured, how about the equipment was it up to the standards that are required, did the school skimp on their equipment, someone said that a trainer heard Scott tell the coach he needed to stay on the side lines, and the coach said get back in the game. Where are the game tapes, I'm sure there must be some tapes somewhere?

Someone knows all the answers and will be forced to tell the truth under oath.

Lastly, the eveland/luth family has had their lives turned upside down and they need the money for Scott not for them, for his continued care, which if you had not noticed is very costly. I hope you saw yesterday's paper about Scott, you need to be ashamed of yourselves if you cannot see what the eveland/luth famlies are going through.

So some of you folks donated to some of the fund raisers for Scott, how much do you think it has cost for over 8 months in the hospital, I have not heard of anymore fund raisers, not to say they did not help in the beginning, but those funds must be long gone by now.

Think about wrote on Sep 11, 2008 10:37 AM:what Michelle said..maybe something happened to this player before the game, before this day, before this particular school year even started that was aggravated by his playing in the game.

Until it happens to YOU wrote on Sep 11, 2008 10:40 AM:Until it happens to your family, you don't realize that your health insurance company is God. They determine what treatments you can and cannot have based on what they will pay for. Until it happens to your family, you don't realize that some treatments are considered experimental and thus are not covered. Until it happens to you, you are unaware that doctors perscribe medications off label to treat illness or injury that they were not FDA approved for. Though an off label drug is proven to work, it will be denied to treat the off label condition, thus you have no coverage. Until it happens to you, the coverage limits don't mean much because how can you ever reach a 3 million dollar cap which is all that your insurance will pay for, ever. Anything above those limits comes out of your pocket. Until it happens to you, you don't realize that your retirement, your college savings for the kids, the equity in your home, your savings, stocks, bond, mutual fund investments and even your wages can and will be attached to pay medical bills. IF you are a citizen of this country, earn income, have assets and a social security number EVEN with insurance, when you reach the coverage limits, everything you own is fair game to cover the balances and excess medical treatments. Until it happens to you or someone you love, you won't realize that even with a cadillac insurance policy you can reach those coverage limits, there is no free ride unless you aren't a citizen, don't have any assets or income. And, until it happens to you, you don't examine whether there was anything that was done that could have contributed to the illness or injury that you can prevent someone else from experiencing. This situation is just one more example of how our system is broken...

things wrote on Sep 11, 2008 10:54 AM:1. let's all think about WHY parents encourage their children to particpate in school sports. At one time, kids used ot get together after school for fun. Those were to good ol days like 'The Sand Lot'.
Now it's all about money. The motives have changed. These parents are pushing their kids because it is an investment. If their kids gets into college on a scholarship, it will save them money. If it's pro sports they have the misconception that they'll get rich and it will all be worth it in the end. To them, it's worth the risk. Otherwise, all these sports programs wouldn't cost so much.
2. Sports aren't bad and there is some truth about communities needing to help each other. Yet, we should ask why the parents' didn't consider this highly probably risk into their finances (like verifying the coverages provided by the carrier or additional coverage).
3. BUT the lawsuit might be necessary (why the city & not the amubulance company?)to force ambulance companies to take their duties seriously. There is a lack of common sense with those medics on the field. I can tell you stories about medics who make unethical decision sbecause they don't want to deal with the mess. Our heroes are not really what we expect them to be.

Sophie wrote on Sep 11, 2008 11:02 AM:Until you have heard all the facts you should hold your tongue. I have seen people file lawsuits for something as silly as a grade their child received. Having worked in the medical field a head injury is something you should not wait to transport. Hear all the facts before your fingers fire aong your keyboard to slam people...not just in this case...in all cases.

better left unsaid wrote on Sep 11, 2008 11:16 AM:To all the ignorant people out there,

I hope that you never have to go through the struggles that this family is facing. This backlash against the luth/eveland family is inexcusable. Who are all of you to comment on this trajedy? I understand that in this society we live in people feel they have the right to be informed about everything. But why in the world do people feel the need to comment on this situation? It has nothing to do with you! I beg of you to stop with these hurtful little blogs. Unless you have something positive to say please keep it to yourself. Oh and for michelle, this isn't "THE HILLS" so stop spreading rumors.

Suzie wrote on Sep 11, 2008 11:19 AM:This is such a tragic incident. We all know there are risks to playing sports, but there is risk in driving to the grocery store, you have to live life anyway. You know the city and school district are insured for such an occurance, and in order for Scott's family to collect on that insurance to help with his bills, they HAVE to sue. I doubt they want to sue, but they have a responsibility to provide care for their son, so it is reasonable to think that they would try to access any funds available to them. Bottom line is, we will pay for this injury one way or the other. He is 18 now, so I am sure they are looking into his eligibility for medi-cal. Part of the criteria for qualification for medi-cal will be that he does not have the ability to pay his own medical bills (which as an adult, he does not) and that the bills are not the legal responsibility of someone else. It's the way the system works. It is unfortunate, but Scotty will need life long care.

Bob wrote on Sep 11, 2008 11:40 AM:There are risks most things. When you get on an airplane there is a risk that it will crash. Does this keep you from using this form of transportantion? In most cases the answer is no....
Further more, if the plane does crash and by chance you do live and need ongoing care for the rest of your life your family would not seek damages? This is real life folks, dealing with insurance companies and millions of dollars. I know there were mistakes made, because there is a young man that should be in the prime of his life lying in the hospital fighting for it. Just pray that your words dont find their way back to you someday when you are dealing with a tragedy. My continued prays go on for Scotty.

Pity Pt. wrote on Sep 11, 2008 12:06 PM:I find it ironic that those stating my argument is tired sound very much like the legal leaches that call themselves lawyers. I asked the simple question as to whether any of the hundreds of lawyers in our county would be willing to take this case pro bono. So far none of you commenting have done so, but you are willing to say what a noble profession you occupy. The school district wouldn't require legal representation if they didn't have the deep pockets that entice others to dig into them.

Claudette wrote on Sep 11, 2008 12:19 PM:I’m quite certain that there isn’t one of you narrow minded parents that wouldn’t do the exact same thing if your child was fighting for his life every day due to somebody’s negligence. Due yourself and the Eveland family a favor if you don’t have all the facts “and you don’t” nor are you entitled to it…. keep your ignorant, hateful statements towards a family that has spent hundreds of thousands of dollars out of there own pocket towards medical bills and countless hours praying for their son to see one more sunrise all due to someone’s failure to respond accordingly. THIS IS ABOUT A BOY’S LIFE NOT A POLITICAL DEBATE…………..I JUST HOPE THAT NOTHING HORIFFICATE LIKE THIS HAPPEN TO ONE OF YOURS………….

San Marcos Mom wrote on Sep 11, 2008 1:06 PM:Not one of you can say for certain what YOU would do if in the same situation. Not even you football parents who signed waivers. It's really easy to criticize when your kid's brain is still in perfect working order.

Margaret wrote on Sep 11, 2008 1:07 PM:Mike, I'm sure your donation9S) where such a great amount that you are HAVING a difficult timE paying your bills, YEAH RIGHT?? Most of the donations got you good tacos, golf, ice cream, you got something for everything you gave. You should be ashamed of yourself, and ask God to forgive such a person that would even say what you did. Your day will come.

Mike wrote on Sep 11, 2008 1:24 PM:Margaret,
I would never-ever sue the school or the city. You go in knowing that it is dangerous and accept the risk. Don't go trying to blame everyone else.

Ed wrote on Sep 11, 2008 1:31 PM:This players injury is indeed tragic but it all comes back to the game itself. Football is a CONTACT sport and injuries of any type are to be expected.

Signed waivers aside, parents as well as the students know this well ahead of time and still choose to participate. If there truly is and senseless blame in any of this, the injured player and his parents should look only at themselves.

What's next, if a player from the opposing team tackles your son and your son gets injured, I guess it will now be OK to sue that player ?

Roberto wrote on Sep 11, 2008 1:31 PM:These folks are putting their son first. No one I know would do different.

Getreal wrote on Sep 11, 2008 2:01 PM:This case is not going to see the inside of the courtroom. The school district and the city are both insured for these sorts of incidents. This will be settled out of court and this will go back to being the private matter it should have been in the first place!

Another thought wrote on Sep 11, 2008 2:48 PM:Sticking with the complaint: A person or entity can be considered negligent whenever they are held to a duty to act in a manner that someone equally qualified would have acted, AND failed to do so.

I'm no legal expert but I don't interpret an apparent breech in duty to act on anyone's part, judging only by what I have seen in the media. From my own past experience, a two-person crew can not safely stabalize an injury of this nature without compromising patient care. Also on-scene assessment of these serious types of injuries does take time in the added precaution to protect the patient. In my opinion, the on-scene crew acted as any other would by calling for additional resources.

CIF, SMUSD, nor MHHS do not have medical STAND-BY policy governing ambulances except that one be called when an emergency arises.

By the way to the poster who said "the attorney does not solicit the client; the client solicits the attorney". There is a certain breed of bottom-feeders.. er.. litigators whose "expertise" is exactly these types of cases - they're called "ambulance chasers" and these types of unfortunate situations are right up their alley.

We all still wish you a full & speedy recovery Scotty.

Margaret wrote on Sep 11, 2008 2:54 PM:Mike, you said the parents came begging, that is just not the case and you know it. Good folks got the ball rolling, un-like you. Until you walk in their shoes, shut your mouth as you don't know what your talking about.

P wrote on Sep 11, 2008 4:17 PM:My son's shoulder was dislocated in high school wrestling practice by a college student who was brought in to "help." Evidently he wanted to teach my son, who was the biggest guy on the team, a lesson.
After it was dislocated 10 times after the initial time, And 2 surgeries later, I was out about $8,000. No, I did not sue. Why? Because I signed the waiver.

Mother wrote on Sep 11, 2008 4:44 PM:Whiplash, or excuse me, the attorney, want's the emergency crew to operate under guidelines from 1950. For once and for all, the crew on site did not have the time to even package Eveland before the 911 response arrived. Whiplash is upset that the old day's are gone that used "scoop and haul" of a victim, which resulted in a corpse being delivered to the hospital, which resulted in a death case that gave whiplash more to sue for, $$$$$$.

my cents wrote on Sep 11, 2008 6:08 PM:I feel Scotty will recover, but very slowly and it may take longer than his family would like. I can sort of feel what his parents are going through. I've been crippled from a flu shot for over 4 years. Life stopped for me after that shot. I wanted to sue (no attorney would take it on) as I couldn't work anymore. I had worked for 30 yrs and BAM, I'm a cripple. I found having faith and hope helps a lot. I'm almost recovered, but it has been a horrific 4-3/4 years.

Greg in Oceanside wrote on Sep 11, 2008 6:10 PM:I have a feeling no matter how expedient the care, or how 'perfect' everything could have been, they still would have found fault with something, whether it was not fast enough or good enough.

People (and attorney's) are very good at being the 'victim' and crying 'poor me' (so now 'pay me').

Sad.

Ok, gotta run...I have to go pick up my son from football practice.

To Truth wrote on Sep 11, 2008 6:32 PM:What world do you live in to say the attorney doesn't solicit the client. You ever heard of ambulance chasers. Unfortunately, sympathy plays a huge part with juries, not always the facts. Always try and go for the deep pockets, thats what the good old USA is about, this will settled out of court because win or loose the cost of trial is more expensive then the outcome because of lawyers.

FDNY wrote on Sep 11, 2008 7:12 PM:It is ironic that a lawsuit full of false trumped up misconceptions of a parasite ambulance chasing attorney toward emergency workers would be posted in the paper on the 7th anniversary of the loss of life of the brave members of New York City's First Responders.

To notice to republicans wrote on Sep 11, 2008 7:54 PM:If this was universal healthcare your son would already be dead.

Christine wrote on Sep 11, 2008 8:35 PM:This is a case where the good people and religious groups will donate as much as they can to help. Unfortunately, sports at school shouldn't be held liable-can happen to anyone as long as proper procedures were followed. The rest is in God's hand and I feel Scott will pull thru. I'm praying for him like so many.

Christine wrote on Sep 11, 2008 8:41 PM:If this was Hillary's or Obama's socialist healthcare he'd still be in line for his turn in a year or two from now and by real top notch newby doctors'.

HS Football games wrote on Sep 11, 2008 8:55 PM:Nearly all local high school football games are attended by a volunteer medical doctor who is on the sidelines. The physican in attendance is the ultimate medical authority when an injury like this occurs. The decision to stabilize the patient for transport, or transport immediately, should have made by this physician. If the family alleges that a delay in transport caused their son harm, I am curious as to why the physician was not named in their lawsuit.

SanMarcosMom wrote on Sep 11, 2008 9:15 PM:My understanding of what happened is as was said above, a two-person crew can not safely stabilize an injury of this nature without compromising patient care. If there was a possible spinal cord injury, they had to wait for back-up to stabilize. Many schools do not even have an ambulance attending football games. I still think Scott was better off being at Mission Hills than another school without any ambulance, even with the delay in waiting for backup. Also, even if the school settles the Eveland claim out of court, that is taxpayer money. Insurance money will only pay a portion. The rest will come out of the money used to educate your children and mine, leaving less to educate the kids. I feel very sorry for the family but sports are dangerous. My children play soccer and, although soccer is not as dangerous as football, they have broken bones playing. I sign waivers for them to play but hope to never be tested as the Eveland family has been. Would I do the right thing and not sue or would I do anything I could to make sure my child got the care (s)he needed to recover...? I can't honestly answer that since I've never been in that position and I hope I never will.

Samantha wrote on Sep 11, 2008 9:32 PM:This is what is killing the California school system, which is already subpar. Way to take money from a school district. I have sympathy for this kid, but also suing for "future earnings"? What is the serious liklihood of making it in the pro world? Give me a freaking break. So typical of so many people in this state-something doesn't go our way or there is a sad situation, let's sue.

shawn wrote on Sep 11, 2008 11:36 PM:If the ambulance wasn't there to transport injured players, why was it there? The football game was apparently more important to the officials than immediate care fo this young man. The city and the officials are responsible for caring for students especially in these situations. The player should have been rushed to the hospital and the precious football game that really doesn't mean anything could have been placed on hold until another ambulance could be placed at the field.

Any moron who has any idea about basic first aid knows serious injuries don't get better with time.

the truth wrote on Sep 12, 2008 12:50 AM:dear "FDNY": who do you think represented "the brave members of New York City's First Responders" heirs in their claims for damages which resulted in the payment of hundreds of millions of dollars? the majority of them retained attorneys. does this make the FDNY heirs and 9-11 survivors "parasites" (to use your word) because they had professional representation? please think before making ignorant comments.

the truth wrote on Sep 12, 2008 1:28 AM:dear "pity Pt": i have a feeling any question you might ask would be simple. if a person is so inclined, they can find a pro bono attorney by contacting the state bar; the san diego county bar association or one of several public interest law firms. "Pity Pt.", it's a pity i have to repeat myself, but again, a pro bono attorney is prohibited from soliciting the prospective client. it is up to the client to initiate contact with the attorney.
also, don't you get tired of your own cliches; "deep pockets"! how original of you. first of all, the courts and juries don't just throw money at people who file a claim. there is such a thing as "burden of proof". give the jury members some credit for having common sense. juries are made up of everday people like you (now that's a scary thought! you on a jury).

God Bless Scott.. wrote on Sep 12, 2008 5:40 AM:God Bless Scott and His Family....., We all pray for you to have a good recovery. Maybe schools should just have P.E. and not sports, and Sports should be in College, when they are young adults and can make their decesion to play for themselves and not for their parents or schools..
all sports can be dangerous..

Notice the Republican posts wrote on Sep 12, 2008 6:23 AM:Again I point out the Republicans on this blog care nothing for others.

It is only my responsibility to take care of my son? Why? What did I do to cause his problem? What did he do? Genetic bad luck. Oh that's right, it is not your family; so who cares what happens to others. There can be no unity and no country with attitudes like that. Community and national unity requires us to care what happens to others. You do want the privileges and security of living in a community of your fellow man, don’t you? You have to earn it by giving back a little, caring a little, and sharing a little.

The injured football player's family should not have to go bankrupt in the richest nation on earth to give their son care.

My son's story was to illustrate that this can happen to anyone. No fault of their own. Then you go bankrupt. No matter how rich and Republican you are. Well maybe not the McCain and Bush folks, but most of the rest of us do. Health care crises are NUMBER ONE cause of personal bankruptcy in America.

But who cares right? When it happens to your family will change your mind. Most of us naively think that the insurance company will pay, but they do not. When you are suddenly spending huge parts of your day caring for a sick or injured loved one, even selfish republicans find that they do not have time for that second or third job to afford medical bills that the insurance company refuses to cover.

Again I urge any of you considering voting Republican to re-read these posts. My republican friends seem incapable of understanding compassion. They also do not understand that catastrophic illnesses and injuries disasters WILL happen to every family and when they do, Republican or not, you are abandoned by the folks who now run our country.

By the way I am a registered Republican. Five generations ago my abolitionist relatives in the Midwest helped to create the party. It no longer is the same party of thirty years ago and certainly is no longer the party of Lincoln.

I used to listen to Rush. I voted for Reagan and Bush the elder twice. But I figured out after a few years that Rush was a con man who was being given payola by large corporations to confuse the public over issues like universal care, dangers of tobacco and reliance on fossil carbon based economy. I figured it out before my son got sick. My experiences with his illness merely confirm and deepened my suspicions about Rush and the other radio Republicans.

His illness allowed me to find out that profit based insurance companies are in it for the PROFIT. Paying out claims diminishes their profit so they pay out as little as they can get away with. Coverage does not matter. Claims adjusters are given large monetary bonuses for denials even when there is coverage. Unless there is a political change in this country, when it happens to your family, you will be in the same boat with the family above and with my family as well, then even you my Republican friends will understand.

Margaret wrote on Sep 12, 2008 7:33 AM:Shawn, you have said it best. Thanks for your comments.

Scotty Supporter wrote on Sep 12, 2008 8:03 AM:Hey Samantha,
Future earnings have nothing to do with football. Scotty was a very inteligent honor student with a very bright, promising future ahead of him. He had no intention of playing football beyond this season.

the truth wrote on Sep 12, 2008 8:51 AM:teri: i believe the word you intended to use is "exacerbated".

iwannatalk wrote on Sep 12, 2008 9:15 AM:I think there should be a law where one's home cannot be attached to pay off medical bills. When I was young in the 70's before HMO's, a few doctors I knew would brow-beat elderly patients to deed their homes over to pay off medical bills.

Unbelievable wrote on Sep 12, 2008 1:02 PM:Well, if I were the city fire department, the lesson learned here is to stop the practice of sending paramedics to ball games (which no one else does)immediately, and let any injured players wait for care to come from their stations or out of town hospitals. That way, they'd be out of the lawsuit spotlight in these cases anyway.

Oh, and as for parents of any other injured players--your kid will get to wait because of deep-pocket seeking people like Diane Luth. And next time some kid, (your kid), could need an emergency airway that will not wait for traveling ambulances or fire trucks.

So, next time you see paramedics sitting on the field of an MHHS game, thank God that they're there for the kids. (At least until the practice is halted...)

To Dr. Shawn wrote on Sep 12, 2008 1:07 PM:Yes, Let them "rush" a head-injury patient into the ambulance. What a great idea ! Who cares if it is in conflcit with any care protocols or medical direction!

Shawn for President! He's a real smart one who's got it all figured out!

Aid wrote on Sep 12, 2008 2:45 PM:Mrs. Luth could also get paid for being Scott's caregiver. He is also eligible for Med-Cal now that he's 18. So, his medical care will be taken care, albeit bare-bones medical care.

Unbelieavable wrote on Sep 12, 2008 2:56 PM:To all of you bloggers who have not witnessed firsthand what the Eveland/Luth family goes thru.....every minute of every day.....

Your opinion is absolutely worthless

To Unbelieavable wrote on Sep 12, 2008 3:05 PM:To all of you bloggers who have not witnessed firsthand what the Eveland/Luth family goes thru.....every minute of every day.....

Your opinion is absolutely worthless

Scotty wrote on Sep 12, 2008 3:50 PM:notice to the replubican post, we do not a Good pick on either side for President of our Country...But we do have a huge problem with medical care for disable and long term illnesses.. Such ashame in our country.. God Bless You Scotty.....

Michael wrote on Sep 13, 2008 8:01 AM:Once again certain people show their complete ignorance of the basics of the US legal system. An attorney has been retained (and unless we suddenly live in a communist nation, I think the attorney has the right to compensation for his or her time.) and a suit has been filed against the city and the school district. At this point, leave it to the courts. That is why they are there. Maybe, if the case isn't dismissed or settled, a jury of your peers will have an opportunity to weigh in on the circumstances (which are, in all probability, more then what has been reported in a local paper) and render a decision.
The culture of hate and misunderstanding that has emerged in the modern era is really very sad and, ultimately, frightening. Do you really think a waiver allows for the waiving of one's rights? How scary is that? What if you sign a waiver and through negligence your son or daughter gets injured. Have you signed away your right to bring a civil suit? What if you are not sure if negligence occurred? Does the waiver prevent you from seeking answers? Should you trust the entities involved to be forthright and truthful? I am not saying that anyone did anything wrong, or negligent, but a waiver does not sign away your right to use the courts.

Heath wrote on Sep 13, 2008 8:50 AM:Why is any family worried about medical bills? We should only have to concentrate on our family members illness not the cost of care. Every child should have free health care. It shouldn't be that the rich get it all and the rest of us have to get donations and sue to pay the bills.

OMG wrote on Sep 13, 2008 10:37 AM:Editors, this is now 2 comments that you still haven't posted and none of it was offensive and all the rules for posting were followed. I don't get it!!!! What's up?
[Editor's note: If you have questions or concerns about comments, please send an e-mail to blogeditor@nctimes.com. Also please include the comment in question so we know to which comment you are referring. Thanks!}

Another San Marcos Mom wrote on Sep 15, 2008 2:42 PM:To Better Left Unsaid.........DITTO!!!

I cannot believe how many ignorant people are out there. If you have not walked in the Luth family's shoes, please keep your comments yourself. You people have NO idea what their life is like now, what they deal with every minute of every day. And yes.....most of the comments I have read are worthless.

To Another San Marcos Mom wrote on Sep 15, 2008 6:53 PM:Maybe at least you'll learn from this then--the lesson of waivers and liability that is. As in when you sign one, it's supposed to be honored. But the again, that does not mean anything when little Johnny actually gets hurt now, does it?

So sue away all of your parental responsibility and informed consent Mrs. Luth...it's the American way, right?

Parent of athletes wrote on Sep 16, 2008 10:07 AM:My son plays football and we understand the dangers. He loves it and I can't imagine not allowing him to play a sport he enjoys so much. We know the risk, we assume the liability, and we pray continually for his safety on the field. He has, thank goodness, never suffered an injury on the football field. Our oldest son, however, suffered a severe injury playing soccer and one of my daughters suffered a concussion in cheerleading. I personally suffered vision damage in high school playing softball!

There is risk in everything we do. I refuse to make my children sit inside and play video games or watch television to keep them safe. But, we all know the risks involved in sedentary activities as well! What is a parent to do?

Enjoy our children, watch them grow, recognize the risks associated with EVERYTHING we do, appreciate their talents and assume the responsibility if they get hurt.

Please be thoughtful when you post to things like this. I read this in utter shock of what people are willing to write under the veil of anonymity.

These parents deserve our support for no other reason then they are parents of an injured child. I would hope to have support if one of my children were injured in this manner and I will continue to support Scotty.

I've never sued anyone and probably never will. Does that give me the desire to judge someone who does? Don't stand in judgement of others. Be dignified and offer some grace to this family.