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Parents to Sue Maker of Metal Baseball Bats Over Son's Injury

(Click here to view the original thread on the MassCops Message Board)

Posted by: kwflatbed

Sunday, May 18, 2008



AP



WAYNE, N.J. — A New Jersey couple, whose son was struck in the chest with a line drive, is planning to sue the maker of a metal baseball bat used in the game.

Two years ago, Steven Domalewski was pitching when the ball slammed into his chest and stopped his heart. He was resuscitated but now has brain damage and is severely disabled.
The family contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats. The lawsuit will also be filed against Little League Baseball and a sporting goods chain that sold the bat.
An attorney says Domalewski will need millions of dollars worth of medical care for the rest of his life.
The bat maker says while it sympathizes with Steven and his family, the bat is not to blame for the injury.

http://www.foxnews.com/story/0,2933,356505,00.html


Posted by: wlrysn365

thats bs people are just money hungry these days.

people should understand the risks of life. (if you play baseball you might get hit with the ball)

I'm pretty sure that they have to sign a waiver before playing which or which not hold up in court.

this is like buying a fast car and wrecking it around a tree b/c you were going 120 around a turn. and blaming it on the guy that sold it to you and the maker b/c the car can go that fast.

yeah i feel bad for the kid but shit happens. does that make it right to sue everyone?


Posted by: resqjyw0

Does anyone have a sense of responsibility these days? All people ever do these days is point the finger and try and hide from the consequences of their own actions.


Posted by: Q5-TPR

Are you kidding me?????????


Posted by: wlrysn365

no...


Posted by: adroitcuffs

So what if a kid trips on his shoelace, falls to the ground, and gets a head injury as a result? Would these parents sue the shoe company 'cause shoelaces are dangerous?? I agree, it is a tragedy for this young man but get real folks. Ugh!


Posted by: TopCop24

I'm surprised they're not suing his coach for having him pitch, the batter because he hit the ball, and the other coach for not having the kid bunt. These parents need to get their heads out of their a$$es


Posted by: Wolfman

So many people are injured because of bats. Criminals use bats to beat up and intimidate people. I think there should be a law against baseball bats; if you have training and a permit you can have one, only certain people should be able to posses aluminum or metal bats, and bats with evil features like sticky tape or less than 28" long should be completely illegal. There's no reason why anyone would need a short bat unless they were trying to hide it.


It's for the children!!!


Posted by: NPD108

"Thats like blaming misspelled words on my pencil"
-Larry the Cable Guy


Posted by: 7costanza

Now since I think about this when I was a kid I got hit with a baseball, whats the statute of limitations for a lawsuit....


Posted by: 5-0

I'm going to sue Gil for all the time I have wasted here. I am also suing SE because he makes more $$ than me.

I do feel bad for the kid though. I'm sure I wouldn't know how to deal with that as a parent, who knows what is going through their heads. I would be section 12 all day long if my kid became a vegetable.


Posted by: screamineagle

hey, 5-0 has dain bramage and look where he's gone in life!!!

ok, bad example.....


Posted by: mtc

When my boys played baseball, pitchers were required to wear chest protectors, to protect them from line drives.

So, perhaps the states Child Protective Services unit should get involved, as obviously, the parents were negligent in allowing their son to pitch without proper protective equipment.

That's like sending a hockey goalie in without his neck guard and suing the puck company when he gets nailed in the throat.

I hate parents.


Posted by: kttref

Quote:
Originally Posted by mtc View Post
When my boys played baseball, pitchers were required to wear chest protectors, to protect them from line drives.

Wow really? Kinda smart...but kinda absurd too. You don't see the pros wearing chest protectors...Part of playing a game is realizing that you may get hurt. I had my teeth knocked out playing softball - no complaints. I can't even tell you how many fingers/toes I broke playing sports...I have a screwed up shoulder because of hockey...I could keep going, but it's part of playing a game. Yes this case is a bit different...but c'mon it's a fluke!



Quote:
Originally Posted by mtc View Post
That's like sending a hockey goalie in without his neck guard and suing the puck company when he gets nailed in the throat.

I hate parents.
I agree....I hate parents too. On a side note, a guy I work with is one of the many people who had his throat slashed in hockey and lived to survive....When I played hockey they gave us these little foam things that were supposed to protect our throats....I'd like to know the survival rate of them...


Posted by: CJIS

Maybe they should sue the ball company too after all that was what hit him. Heck while they are at it they can sue the kid's family that hit the ball and the coach for allowing him to be at bat.

Sue Happy!


Posted by: midwatch

Quote:
Originally Posted by 7costanza View Post
Now since I think about this when I was a kid I got hit with a baseball, whats the statute of limitations for a lawsuit....
When I played, I didn't get hit. I wonder if I was being discriminated against. I think I'll file a MCAD lawsuit just in case. I want my payday too!


Posted by: mtc

kttref - they weren't actual "chest protectors" - I don't know what they were called, but they strapped on, went just over the heart area - "heart guards"? maybe? Remember - this is YOUTH ball.... lots of restrictions!

But, sicko parent's and some liberal judge will probably allow the case to go through.


Posted by: kttref

Ahhhh....gotcha.


Posted by: Tuna

This whole thing is sad. Sad for the kid. Sad for the parents. Sad for the defendent and sad that we allow the utter waste of time in our court system.


Posted by: robodope

Just another example of the complete stupidity of this country..I thought the disclaimer on my cup of coffee was bad..I can't wait for the first non english speaking illegal to spill coffee on their lap and sue cause the warnings not in spanish..Soon there will be warnings on baseball bats..completely asinine


Posted by: Grasshopper

Quote:
Originally Posted by robodope View Post
Just another example of the complete stupidity of this country..I thought the disclaimer on my cup of coffee was bad..I can't wait for the first non english speaking illegal to spill coffee on their lap and sue cause the warnings not in spanish..Soon there will be warnings on baseball bats..completely asinine
BIG +1

Quote:
Originally Posted by midwatch View Post
When I played, I didn't get hit. I wonder if I was being discriminated against. I think I'll file a MCAD lawsuit just in case. I want my payday too!
What in the world would MCAD have to do with this? The child is a white male who I don't believe was disabled before the accident! Was the reason why you never got hit because you never got up off the bench???


Posted by: Delta784

Quote:
Originally Posted by Grasshopper View Post
What in the world would MCAD have to do with this? The child is a white male who I don't believe was disabled before the accident!
It's called sarcasm, genius.


Posted by: midwatch

Quote:
Originally Posted by Grasshopper View Post
What in the world would MCAD have to do with this? The child is a white male who I don't believe was disabled before the accident! Was the reason why you never got hit because you never got up off the bench???
As my esteemed colleague has pointed out, its called sarcasm. It was a little poke at the extremely frivolous, and basically rediculous, lawsuits that are increasingly being filed. Do you get it now supercop?


Don't get me wrong, I feel for the kid and his family, but give me a break.


Posted by: kttref

Quote:
Originally Posted by Grasshopper View Post
BIG +1


What in the world would MCAD have to do with this? The child is a white male who I don't believe was disabled before the accident! Was the reason why you never got hit because you never got up off the bench???

You take things waaaaaaaaay to seriously around here...Lighten up and stop being a democRAT.


Posted by: Tango

This type of sudden death from blunt chest injury is called Commotio Cordis..just in case anyone is interested here it is...

What is Commotio Cordis?
By definition, commotio cordis involves sudden cardiac death after a chest blow without physical damage to the heart. The blunt trauma to the chest is transmitted to the heart and disrupts the heart's electrical system. In some cases the impact seems relatively benign. .raisedquote {font-family:arial, helvetica; font-size:14px; font-weight:700;} .raisedquotesig {font-family:arial, helvetica; font-size:12px; font-style: italic;}


By definition, commotio cordis involves sudden cardiac death after a chest blow without physical damage to the heart.


The impact triggers a change in the electrical rhythm of the heart from a normal rhythm to a fatal arrhythmia, like ventricular fibrillation. Higher impacts at greater velocities can cause broken ribs, heart muscle damage, and arrhythmias; all of which in themselves can be life threatening.
Studies on animals and data from human victims have determined that four factors influence the chance an impact will induce commotio cordis. Factors increasing the likelihood of commotio cordis include:
Impact directly over the cardiac silhouette (just left of the lower breastbone),
Impact involving a small part of the chest wall (as by a baseball),
Higher energy impacts
Impact occurring within a specific 10-30 millisecond portion of the cardiac cycle.
The timing of the impact is the most critical factor.
The actual number of cases of commotio cordis is unknown. According to the US Commotio Cordis Registry, which published their data in the Journal of the American Medical Association in 2002, there were 128 documented cases of commotio cordis as of September 2001. Since that time there have been a number of high profile cases reported in the news. The mean age of victims was 13.6 years (range was 3 months to 45 years). 88 percent of cases were younger than 18 years, and 95 percent of the victims were males. The softer chest wall of children is thought to make them particularly susceptible to commotio cordis.
The majority of cases documented during organized sports involved baseball or softball games. Sudden death after chest impact has also been seen in hockey, football, lacrosse, soccer, karate, cricket, and rugby. In sports with high-speed projectiles spectators or reserves on the sidelines or in the baseball dugout have also been hit and suffered sudden death. Most occur in young individuals and the vast majority of documented cases have been males. 28 percent of these victims were wearing commercial chest protectors (although only 30 percent of these involved a direct blow to the protector). 2.5 percent were using special baseballs designed to prevent commotio cordis. The non-sporting events included assaults and accidental blows. Several incidents involved impacts that would usually be considered trivial. A plastic baseball bat struck one child and the head of the family dog butted another. There have been murder and manslaughter prosecutions after cases of commotio cordis. These have involved child abuse, accidental blows to the chest and deliberate beatings.
Diagnosis and Treatment
Recognition of commotio cordis is critical. Any person who is struck in the chest and becomes unconscious should be evaluated immediately. Some commotio cordis victims may remain conscious for a few seconds after the blow, but the majority pass-out immediately. .raisedquote {font-family:arial, helvetica; font-size:14px; font-weight:700;} .raisedquotesig {font-family:arial, helvetica; font-size:12px; font-style: italic;}


If the victim is pulseless then commotio cordis should be assumed. At this point it is critical that resuscitation measures are initiated. CPR should begin, and defibrillation should be attempted as soon as possible. Defibrillation can be provided by automated external defibrillators or by paramedics. The longer the delay in starting CPR or initiating defibrillation, the lower the chance of survival. Every second counts.
However, not all arrhythmias respond to defibrillation. The majority of commotio cordis events in animal models produced ventricular fibrillation, and this rhythm can be returned to a normal rhythm with defibrillation. However, ventricular fibrillation is not the only arrhythmia seen in commotio cordis, and not all arrhythmias respond well to defibrillation. The success in resuscitation of commotio cordis is estimated to be about 15 percent, but recovery seems to be linked to early defibrillation in animal models.


Posted by: Killjoy

"Oh, irony! Oh no, we don't get that here. See, people ski topless here while smoking dope, so irony's not really a high priority. We haven't had any irony here since about '83, when I was the only practitioner of it. And I stopped because I was tired of being stared at."
— C.D. Bales


Posted by: Grasshopper

Quote:
Originally Posted by kttref View Post
You take things waaaaaaaaay to seriously around here...Lighten up and stop being a democRAT.
"Lighten up and stop being a democRAT."

DEMOCRAT??? WOW! I guess I should tell the RNC to stop sending requests for donations then huh? Hmm, I guess I should get a retraction of my votes for the last two votes of the last two presidential elections (Bush and McCain). Hmm how did I ever end up voting Republican each time I've had the chance to vote since I've been of age to vote? Dammit! The vast right wing conspiracy must have brainwashed me! Damn that Carl Rove and his sexy bald head! "DemocRAT"? Please! That's about as orriginal "vast right wing conspiracy"!


"You take things waaaaaaaaay to seriously around here"
Oops...I didn't bring the funny?

Okay, I'll revise for you...

Quote:
Originally Posted by midwatch View Post
As my esteemed colleague has pointed out, its called sarcasm. It was a little poke at the extremely frivolous, and basically rediculous, lawsuits that are increasingly being filed. Do you get it now supercop?


Don't get me wrong, I feel for the kid and his family, but give me a break.
What in the world would MCAD have to do with this? The child is a white male who I don't believe was disabled before the accident! Hey, Bench Bunny! The reason you never got hit was that porcupine under your a--...oops that's wasn't a porcupine! It's your behined sliding uuup and dowwwn that bench all your childhood. While the real players were keeping the ball in front of their bodies and going home to the hotties (like that brave kid)! But it's okay! Your uniform must have looked nice, shinny and clean!

I know, it's not as funny as an MCAD joke but best I could come up with in a couple seconds fighting off a cold...hows that? Better? Do I get a gold star now? *smile*


Posted by: screamineagle

Quote:
Originally Posted by Grasshopper View Post
"Lighten up and stop being a democRAT."

DEMOCRAT??? WOW! I guess I should tell the RNC to stop sending requests for donations then huh? Hmm, I guess I should get a retraction of my votes for the last two votes of the last two presidential elections (Bush and McCain). Hmm how did I ever end up voting Republican each time I've had the chance to vote since I've been of age to vote? Dammit! The vast right wing conspiracy must have brainwashed me! Damn that Carl Rove and his sexy bald head! "DemocRAT"? Please! That's about as orriginal "vast right wing conspiracy"!


"You take things waaaaaaaaay to seriously around here"
Oops...I didn't bring the funny?

Okay, I'll revise for you...


What in the world would MCAD have to do with this? The child is a white male who I don't believe was disabled before the accident! Hey, Bench Bunny! The reason you never got hit was that porcupine under your a--...oops that's wasn't a porcupine! It's your behined sliding uuup and dowwwn that bench all your childhood. While the real players were keeping the ball in front of their bodies and going home to the hotties (like that brave kid)! But it's okay! Your uniform must have looked nice, shinny and clean!

I know, it's not as funny as an MCAD joke but best I could come up with in a couple seconds fighting off a cold...hows that? Better? Do I get a gold star now? *smile*
jesus christ you just don't know when to quit do ya?


Posted by: Wolfman



Once things get derailed, there is usually a predictable result. IBTL!




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