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Maryland player died of heatstroke, DJ Durkin placed on administrative leave

Gil Bang

By Gil Bang
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Shmitty

Shmitty 112

Posted
Posted
31 minutes ago, Onboard 2.0 said:

Why should the AD be gone ?  Did he/she know what happened and tried to cover it up ?  The coaching staff for sure, they were on scene and didn't do jack for an hour or more.

Maybe because he over saw the program who's culture led to this?

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Hiphopopotamos

Hiphopopotamos 20865

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33 minutes ago, Laxtonto said:

Well good luck with the lawsuit....

They admitted full culpability and that the training staff did not follow best practices..

 

Their legal guys must be cringing at this press conference

I assume they did this because they know they have no shot in hell of winning in a courtroom?  Plead for mercy from the family / and hope to show a jury contrition?

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C-Man

C-Man 27083

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Gotta say it's refreshing to see how the Maryland president is handling this as opposed to the leadership at Penn State, Michigan State, Baylor and now, presumably, Ohio State. They'll pay a hefty, multi-million dollar settlement. And the incident will be over.

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phdhorn

phdhorn 6224

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24 minutes ago, Patrick Bateman said:

So..... seems like Durkin's fate will twist in the wind for another month or two.  I don't know Dr. Loh, but I have some friends who have met him and spent a little time with him.  They say he's generally a good dude and believe he'll try and do the right thing in times of crises.

 

The other thing you notice is that Durkin's attorneys so far haven't pulled a "Meyer Sausage" press conference where he basically says shit that makes it worse.  He seems to be getting good advice there, let's just hope he keeps listening to them and makes a statement when it's appropriate.

I think Durkin might survive this if he really didn't know what was happening in the immediate aftermath of McNair's collapse.   I guess a lot of that depends on what the players say to the committee, and if there's anyone defending his tough tactics.  If more come out against him, he'll be gone.

And unlike fucking Ohio, the state of Maryland won't go batshit fucking cray if the corch is fired.  

I think it's too early to really know how culpable Durkin is, but I think he's on an uphill climb to keep his job.

Tough times at my old school...

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Huckleberry

Huckleberry 32710

Posted
Posted (edited)
45 minutes ago, Laxtonto said:

Well good luck with the lawsuit....

They admitted full culpability and that the training staff did not follow best practices..

 

Their legal guys must be cringing at this press conference

Sometimes you make the decision to do the right thing and tell your lawyers tough shit. The lawyers around here will agree with that strategy, because then they can work with an honest client of good moral character and work to minimize the financial impact instead of working with a piece of shit client who is trying to stiff the parents of a kid whose death the client is responsible for.

Edited by Huckleberry
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Magus Ossis

Magus Ossis 2784

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23 minutes ago, C-Man said:

Gotta say it's refreshing to see how the Maryland president is handling this as opposed to the leadership at Penn State, Michigan State, Baylor and now, presumably, Ohio State. They'll pay a hefty, multi-million dollar settlement. And the incident will be over.

1234

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C-Man

C-Man 27083

Posted
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26 minutes ago, phdhorn said:

The other thing you notice is that Durkin's attorneys so far haven't pulled a "Meyer Sausage" press conference where he basically says shit that makes it worse.  He seems to be getting good advice there, let's just hope he keeps listening to them and makes a statement when it's appropriate.

I think Durkin might survive this if he really didn't know what was happening in the immediate aftermath of McNair's collapse.   I guess a lot of that depends on what the players say to the committee, and if there's anyone defending his tough tactics.  If more come out against him, he'll be gone.

And unlike fucking Ohio, the state of Maryland won't go batshit fucking cray if the corch is fired.  

I think it's too early to really know how culpable Durkin is, but I think he's on an uphill climb to keep his job.

Tough times at my old school...

While I certainly agree, the cynic side of me says Maryland Football (and DJ Durkin) isn't worthy of tarnishing the entire university's reputation any further than it already has.

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kopp0e

kopp0e 1135

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2 hours ago, Lobwedgephil said:

AD should be gone as well, but I assume this is just firing the coach. 

As cash strapped as the Maryland athletic department was just a few years back, having to pay off a coach & hire a new, plus pay off an AD & hire a new; might be too much for the Terp program right now...

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kopp0e

kopp0e 1135

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42 minutes ago, C-Man said:

Correct. Maryland and the family will negotiate a settlement and that will be that.

It's sad, as the money can help facilitate a better life, but falls far short of the gains in having said loved one alive & healthy...

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hayden_horn

hayden_horn 11360

Posted
Posted
49 minutes ago, C-Man said:

Gotta say it's refreshing to see how the Maryland president is handling this as opposed to the leadership at Penn State, Michigan State, Baylor and now, presumably, Ohio State. They'll pay a hefty, multi-million dollar settlement. And the incident will be over.

 

45 minutes ago, Huckleberry said:

Sometimes you make the decision to do the right thing and tell your lawyers tough shit. The lawyers around here will agree with that strategy, because then they can work with an honest client of good moral character and work to minimize the financial impact instead of working with a piece of shit client who is trying to stiff the parents of a kid whose death the client is responsible for.

yes, this is how you handle things when you done fucked up. a kid is dead who should not be dead. the staff failed, and the higher ups are smart enough here to stand up and take ownership of the issue.they could have chosen to obfuscate, but they did not. i have to admire their approach. good on maryland. gives me some hope.

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Captain Obvious

Captain Obvious 516

Posted
Posted (edited)
57 minutes ago, C-Man said:

Gotta say it's refreshing to see how the Maryland president is handling this as opposed to the leadership at Penn State, Michigan State, Baylor and now, presumably, Ohio State. They'll pay a hefty, multi-million dollar settlement. And the incident will be over.

Yes and no. 

Yes, this is how things should play out.

No, because Maryland has sucked, currently sucks, and will continue to suck at football, there's nothing to burn down, no big source of revenue being put at risk.  Whether they choose to admit guilt this publicly doesn't change the fact that there was going to be money rightfully paid out to the family.

It will truly be refreshing when university that has skin in the game other than the PR/moral standpoint chooses to go the Maryland route.

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C-Man

C-Man 27083

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25 minutes ago, Captain Obvious said:

Yes and no. 

Yes, this is how things should play out.

No, because Maryland has sucked, currently sucks, and will continue to suck at football, there's nothing to burn down, no big source of revenue being put at risk.  Whether they choose to admit guilt this publicly doesn't change the fact that there was going to be money rightfully paid out to the family.

It will truly be refreshing when university that has skin in the game other than the PR/moral standpoint chooses to go the Maryland route.

Yeah, I said as much in another post a little further down from the post you're quoting. This is why UNC didn't do the right thing in the basketball thing, this is why Ohio State is dragging its' feet with regard to Urban Meyer and it's the same thing we'd see at Bama if anything ever surfaced with regard to Saban.

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Lidig8r

Lidig8r 1862

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1 hour ago, C-Man said:

Gotta say it's refreshing to see how the Maryland president is handling this as opposed to the leadership at Penn State, Michigan State, Baylor and now, presumably, Ohio State. They'll pay a hefty, multi-million dollar settlement. And the incident will be over.

Keep in mind, since the University of Maryland is a state operated entity, sovereign immunity is going to remove most of the financial damage. I have not exhaustively researched it, but for acts of negligence committed by state employees, sovereign immunity is waived but only up to a cap of $200,000.00.

Non-economic damages (with a survivor action added) are capped at around $2 million.

I am too lazy to check to see if the non-economic cap applies to the state, but if the specific immunity number of $200K is applicable and everything else is excluded... that could easily explain why they are willing to fall on the sword.

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phdhorn

phdhorn 6224

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Posted

Have been perousing my Maryland sources, nothing insider, just the usual suspects.  I found this somewhat helpful, from SBNation's Testudo Times which is a decent blog on all things Terps.  Timeline of interest plus a few other facts:
 

Quote

A roundup of facts in light of new reports on the day Jordan McNair was hospitalized

This is the Maryland Minute, a short story followed by a roundup of Terps-related news.

By Jared Goldstein@_jgoldy17  Jul 20, 2018, 6:32am EDT

Editor’s note: The timeline has been updated to avoid confusion regarding when McNair became ill and the time that elapsed between then and when Maryland personnel called an ambulance.

Multiple reports were released Thursday relating to different aspects of the fallout from Jordan McNair’s death in June.

The Diamondback, Maryland’s independent student newspaper, published a rough timeline of events that suggests that “medical personnel did not immediately recognize the severity of McNair’s condition” on the day he became ill.

The Baltimore Sun published an article containing the recordings of the 911 calls.

Based on the new information revealed in the two articles, this is the timeline on May 29 as it’s currently known:

  • 4:15 p.m. — Workouts begin; team does 15-20 minutes of dynamic workout.
  • Approximately 4:30-4:35 p.m. — Conditioning tests consisting of 10 110-yard sprints begins.
  • After conditioning (time undisclosed) — Training staff notices McNair was having some difficulty recovering upon completion of the tests; training staff takes McNair inside football team house for “further observation and continued treatment.”
  • 5:57 p.m. — 911 is called, unidentified caller reports that McNair is “hyperventilating” and “unable to control his breath.”
  • 6:02 p.m. — Ambulance arrives with first-responders.
  • Approximately 6:07 p.m. — A first responder relays to dispatchers that there is a “male patient with seizure.”
  • 6:08 p.m. — A paramedic crew is on its way to the scene.
  • 6:36 p.m. — McNair arrives at Washington Adventist Hospital, in Takoma Park, per the county’s report.
  • Later that night — McNair is airlifted to R Adams Cowley Shock Trauma Center in Baltimore.

Last week, the McNair family launched a website and foundation saying that McNair’s death was the result of a heatstroke. The Diamondback’s report is the first mention of a seizure, which can be caused by a heatstroke. Further reporting illustrates sources that indicate that heatstroke is only fatal when it isn’t properly treated.

The University has released its own running recap of the external review into McNair’s death. That review, conducted by Walters Inc., could take up to 90 days to conclude.

On another front, The Washington Post reported that the McNair family has hired the Baltimore law firm that represented the family of Freddie Gray, who died in 2015 after he was injured in police custody. From The Post:

Attorney Billy Murphy said in an interview that McNair’s family is exploring its legal options. “We’re in the process of doing a thorough investigation of the incident,” he said. “We are waiting for the receipt of the medical records involved and the University of Maryland’s investigation and the interviews with those who saw what happened.”

Murphy, sitting next to his colleague Malcolm P. Ruff., added: “We are hard at work determining the appropriate legal remedy for the family for this tragic injury and death.”

Later in the article, one of the family’s attorneys claimed that the day McNair became ill was the hottest day of the year to that point. This is not true. The high was 83 degrees on May 29. There were 20 days in 2018 in which the daily high was 83 degrees or warmer, including 14 days earlier that month.

There are still a lot of moving parts around this case, and there may only be more before we get some clarity. But for now, it does not yet appear that there’s a clear example of negligence on Maryland’s part.

https://www.testudotimes.com/maryland-terps-football/2018/7/20/17594094/jordan-mcnair-death-reports-timeline-team-workout-legal-action

I think this bolded last part was just "unproven" after the press conference.  They essentially admitted that the University, being the employer of the coaches at fault, is culpable.  Whether Durkin himself is in this specific episode is unclear, but they might get him on the culture thing, especially if enough players chime in.

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phdhorn

phdhorn 6224

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Also remember Maryland went through the Lefty/Bias episode of the early 90's, and to say that thing cut the balls off of the entire school is an understatement.  Maryland has worked its ass off the last 20 years trying to exorcise those ghosts and in many ways has become a pretty decent academic institution.

I believe those echoes are still pretty loud and make a lot of UM alum (and officials!) nervous, so you can expect a pretty good coming clean.  This ain't Pedo State.

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Beau Vine

Beau Vine 54016

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58 minutes ago, Lidig8r said:

Keep in mind, since the University of Maryland is a state operated entity, sovereign immunity is going to remove most of the financial damage. I have not exhaustively researched it, but for acts of negligence committed by state employees, sovereign immunity is waived but only up to a cap of $200,000.00.

Non-economic damages (with a survivor action added) are capped at around $2 million.

I am too lazy to check to see if the non-economic cap applies to the state, but if the specific immunity number of $200K is applicable and everything else is excluded... that could easily explain why they are willing to fall on the sword.

…..

 

Quote

The attorney said the civil lawsuit could be against the institution, the offices responsible, executives, or a coach or coaches.

"There are a variety of ways to cast a lawsuit," Murphy said. "We're going to go for the most effective way."

The firm can file in state court -- where Murphy said there are "ridiculously low caps, which prevent recovery from this kind of injury commensurate with the level of severity of the injury" -- or in federal court, where there are no caps.

"It's too early to make a definitive statement about it," Murphy said, "but we're leaning in the direction of federal court."

 

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Beau Vine

Beau Vine 54016

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Posted

 

2 hours ago, Laxtonto said:

Well good luck with the lawsuit....

They admitted full culpability and that the training staff did not follow best practices..

 

Their legal guys must be cringing at this press conference

Maybe their legal guys are looking at the actual evidence that's available and seeing that there is no way to spin it?

Quote

Multiple sources said that after the 10th sprint finished, Wes Robinson, Maryland’s longtime head football trainer, yelled, “Drag his ass across the field!”

A second player at the workout told ESPN: “Jordan was obviously not in control of his body. He was flopping all around. There were two trainers on either side of him bearing a lot of weight. They interlocked their legs with his in order to keep him standing.”

 

Multiple sources estimated that trainers walked McNair around for about 80 yards after he started showing distress.

“They tried to walk him for a while after he collapsed,” the second player who spoke to ESPN said. “His head, he barely had control over it. His head was limp to the point where it was back. They were walking him across the field to get him up and moving, I guess. But then they basically took him over to position drills, which took a long time. I didn’t see them bring him in, but it was a while.”

The first player who spoke to ESPN said: “It was a good [distance] for a guy in his state to be walking, and it was away from the athletic training building, away from any resource that he probably needed at the time. Probably 100 percent the opposite way.”

Not a lawyer, but I don't think there's any way to explain away "Drag his ass across the field" coming from your head trainer.

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Nice Guy Eddie

Nice Guy Eddie 13418

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Posted
2 hours ago, Machinator said:

 

They fired Court in terms of letting him go for 2/3 of his remaining contract.  He received his walking papers and 300K in cash yesterday.   

Looks like Maryland is taking the steps to buy their way out of the scandal as quickly as possible.  guessing they have already settled with the victim's family or have some rough numbers agreed upon.  I can't imagine Maryland is going to wait for the report to pay off the family.   I also wouldn't be surprised if Durkin is in negotiations to resign and they finalize it during the late Friday afternoon news cycle. 

While it can be expensive to pay everyone off, it might be cheaper than continuing to see your reputation drug through the mud.   

Steps to get this behind you:

  • settle with the family
  • fire/pay off staff directly involved
  • accept resignation/pay off staff indirectly involved.  HC and perhaps AD if the thought is they created the environment
  • Put independent oversight in place for future / Allow for anonymous reporting for future incidents
  • have appropriate emergency medical techs on-site for every practice
  • (quietly go back to old ways over next few years)

  

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Blotto

Blotto 23436

Posted
Posted
1 hour ago, kopp0e said:

As cash strapped as the Maryland athletic department was just a few years back, having to pay off a coach & hire a new, plus pay off an AD & hire a new; might be too much for the Terp program right now...

I assume a dead kid might trigger some "fired for cause" language that would mitigate or entirely eliminate the need for buyouts.

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Lidig8r

Lidig8r 1862

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3 hours ago, Beau Vine said:

…..

 

 

As I understand it, the federal court in the state of Maryland is still obligated to apply the substantive law of the State of Maryland. Federal procedural law would apply but the state substantive law would also apply.

They could try to dig up a constitutional or civil rights violation to get around the damages cap and sovereign immunity...but that is a long row to hoe and been attempted (mostly unsuccessfully) many times.

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