Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail

October 08, 2019 at 09:49PM

A former cheerleader who suffered multiple concussions while on the University of California, Berkeley, cheerleading team has accused the coaching staff of bullying her into participating in practices and games despite her head injuries. 

Missy Martin filed a lawsuit against UC Berkeley, her former coaches and the USA Federation for Sport Cheering on October 2, alleging that the defendants repeatedly endangered her health and safety.  

The 23-year-old says she suffered three concussions between October 2017 and February 2018 after she was kicked in the head. 

In the lawsuit she claims that when she sought medical support, the team 'failed to take her head injuries seriously' and treated her concerns with 'indifference' and 'disdain'.

As a result, Martin is still experiencing concussion symptoms two years later. 

'Everyday I have a headache. Yesterday specifically I was dealing with nauseousness, I couldn't work on my homework,' Martin told Good Morning America on Tuesday.

Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail
Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail

Missy Martin suffered three concussions in the span of four months while on the University of California - Berkeley cheerleading squad. She's suing the school and her former coaches, alleging she was bullied into participating in practices and games despite her head injuries

Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail
Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail

Martin re-enrolled at Berkeley this fall after taking a yearlong medical leave of absence due to her concussion symptoms. She spoke to Good Morning America about her lawsuit last week

While on the cheer squad, Martin served as a 'base' on the team, meaning she lifted other cheerleaders in the air and caught them on their way down.  

'Sometimes the "flyer" can get wobbly or maybe somebody doesn't have a good grip, and that can just tumble down onto you. Other times, when you're throwing someone up and they're learning a new skill, maybe with a twist. My first concussion, I got roundhouse kicked in the face,' Martin told NBC Bay Area

The first concussion took place during practice on October 7, 2017, according to the lawsuit. 

Martin said she began experiencing concussion symptoms a few hours after practice and emailed her coach suggesting that she needed to see a doctor. 

The coach, Lisa Keys, allegedly responded by calling Martin and telling her: 'We really needed you in the game this weekend. Can you do that for me?'

Keys then instructed Martin not to go to the doctor, the suit claims.  

When her symptoms still hadn't subsided two days later, Martin went to the hospital and tests confirmed she had a concussion. 

She relayed the doctors' instructions that she rest and avoid physical activity to Keys, but the coach allegedly ignored them and told Martin she would be required to attend practice. 

Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail
Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail

Martin (left) was kicked in the head during practice and diagnosed with a concussion for the first time in October 2017. She claims that Coach Lisa Keys advised her not to see a doctor

Martin was kicked in the head again during practice on November 4, 2017. Coaches told her to walk by herself to the university hospital over a mile away, where doctors confirmed another concussion.  

After the second injury, Keys allegedly told Martin that she would have to attend practices, games and rallies, even if she wasn't cheering, despite the fact that the bright lights and loud noises at those events worsened her symptoms.  

Martin went to the athletic department and school officials told Keys that she could not force the cheerleader to attend games or rallies. 

She was still required to go to practice, however, and 'on more than one occasion' Keys forced her to physically participate, 'knowing that doing so was endangering her health and safety', the suit claims. 

In the three months after her first concussion, Martin suffered headaches, nausea, confusion and light sensitivity. The symptoms impacted her vision and inhibited her ability to study or read, the suit claims.  

More than two years after her first concussion, Martin is still dealing with the symptoms
More than two years after her first concussion, Martin is still dealing with the symptoms

More than two years after her first concussion, Martin is still dealing with the symptoms 

In January 2018, a university doctor sent a letter to coaches saying Martin could start cheering again but was not cleared to participate in stunts or tumbling.  

Keys allegedly ignored the doctor's written instructions and placed Martin in a front stunting spot. 

On February 2, a university concussion specialist, Dr Ken Scheff, cleared Martin for all cheer activities even though she was not symptom free. 'Such clearance was directly contrary to standard concussion protocol,' the lawsuit states. 

The next day, Martin was hit in the head while cheering at a basketball game. 

She resigned from the cheerleading team two weeks later because she felt she could not take care of her physical health while also complying with the coaches' instructions. 

Martin re-enrolled at Berkeley this fall after taking a yearlong medical leave of absence due to her concussion symptoms.  

Martin (right) quit cheerleading two weeks after her third concussion in February 2018
Martin (right) quit cheerleading two weeks after her third concussion in February 2018

Martin (right) quit cheerleading two weeks after her third concussion in February 2018

The lawsuit states that Berkeley regards cheerleaders as 'half-letes' - treating them as entertainers instead of athletes and thus not giving the team the medical resources other sports are given. 

She hopes her legal action - filed in Alameda County Superior Court - will change the way Berkeley and other schools treat the sport. 

'The biggest thing I want is a change for cheerleaders. I want them to be safe, I want people to take them seriously, and I want them to be treated like athletes,' Martin said. 

'I think anytime you're hit in the head it should be standard that you sit out and you have to see a trainer just to make sure you're cleared and okay.' 

'I would just like basic education for the athletes and coaches too so they can know how incredibly precious our brains are.'

A spokesperson for UC Berkeley, Dan Mogulof, said he cannot comment on the lawsuit, which seeks unspecified damages.   

'Cal Athletics closely follows the dictates of a comprehensive policy on concussion management,' Mogulof said in a statement to NBC. 

'Cal's cheerleading coach maintains safety certification from several national agencies...Our policy also requires all members of the Cal cheerleading team to have an examination by a medical staff member when they first join the squad; this process includes in-person concussion education from an athletic trainer and a review of the concussion handout produced by the NCAA for student education.' 

A former cheerleader who suffered multiple concussions while on the University of California, Berkeley, cheerleading team has accused the coaching staff of bullying her into participating in practices and games despite her head injuries. 

Missy Martin filed a lawsuit against UC Berkeley, her former coaches and the USA Federation for Sport Cheering on October 2, alleging that the defendants repeatedly endangered her health and safety.  

The 23-year-old says she suffered three concussions between October 2017 and February 2018 after she was kicked in the head. 

In the lawsuit she claims that when she sought medical support, the team 'failed to take her head injuries seriously' and treated her concerns with 'indifference' and 'disdain'.

As a result, Martin is still experiencing concussion symptoms two years later. 

'Everyday I have a headache. Yesterday specifically I was dealing with nauseousness, I couldn't work on my homework,' Martin told Good Morning America on Tuesday.

Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail
Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail

Missy Martin suffered three concussions in the span of four months while on the University of California - Berkeley cheerleading squad. She's suing the school and her former coaches, alleging she was bullied into participating in practices and games despite her head injuries

Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail
Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail

Martin re-enrolled at Berkeley this fall after taking a yearlong medical leave of absence due to her concussion symptoms. She spoke to Good Morning America about her lawsuit last week

While on the cheer squad, Martin served as a 'base' on the team, meaning she lifted other cheerleaders in the air and caught them on their way down.  

'Sometimes the "flyer" can get wobbly or maybe somebody doesn't have a good grip, and that can just tumble down onto you. Other times, when you're throwing someone up and they're learning a new skill, maybe with a twist. My first concussion, I got roundhouse kicked in the face,' Martin told NBC Bay Area

The first concussion took place during practice on October 7, 2017, according to the lawsuit. 

Martin said she began experiencing concussion symptoms a few hours after practice and emailed her coach suggesting that she needed to see a doctor. 

The coach, Lisa Keys, allegedly responded by calling Martin and telling her: 'We really needed you in the game this weekend. Can you do that for me?'

Keys then instructed Martin not to go to the doctor, the suit claims.  

When her symptoms still hadn't subsided two days later, Martin went to the hospital and tests confirmed she had a concussion. 

She relayed the doctors' instructions that she rest and avoid physical activity to Keys, but the coach allegedly ignored them and told Martin she would be required to attend practice. 

Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail
Ex-cheerleader sues UC Berkeley after she suffered three concussions in four months - Daily Mail

Martin (left) was kicked in the head during practice and diagnosed with a concussion for the first time in October 2017. She claims that Coach Lisa Keys advised her not to see a doctor

Martin was kicked in the head again during practice on November 4, 2017. Coaches told her to walk by herself to the university hospital over a mile away, where doctors confirmed another concussion.  

After the second injury, Keys allegedly told Martin that she would have to attend practices, games and rallies, even if she wasn't cheering, despite the fact that the bright lights and loud noises at those events worsened her symptoms.  

Martin went to the athletic department and school officials told Keys that she could not force the cheerleader to attend games or rallies. 

She was still required to go to practice, however, and 'on more than one occasion' Keys forced her to physically participate, 'knowing that doing so was endangering her health and safety', the suit claims. 

In the three months after her first concussion, Martin suffered headaches, nausea, confusion and light sensitivity. The symptoms impacted her vision and inhibited her ability to study or read, the suit claims.  

More than two years after her first concussion, Martin is still dealing with the symptoms
More than two years after her first concussion, Martin is still dealing with the symptoms

More than two years after her first concussion, Martin is still dealing with the symptoms 

In January 2018, a university doctor sent a letter to coaches saying Martin could start cheering again but was not cleared to participate in stunts or tumbling.  

Keys allegedly ignored the doctor's written instructions and placed Martin in a front stunting spot. 

On February 2, a university concussion specialist, Dr Ken Scheff, cleared Martin for all cheer activities even though she was not symptom free. 'Such clearance was directly contrary to standard concussion protocol,' the lawsuit states. 

The next day, Martin was hit in the head while cheering at a basketball game. 

She resigned from the cheerleading team two weeks later because she felt she could not take care of her physical health while also complying with the coaches' instructions. 

Martin re-enrolled at Berkeley this fall after taking a yearlong medical leave of absence due to her concussion symptoms.  

Martin (right) quit cheerleading two weeks after her third concussion in February 2018
Martin (right) quit cheerleading two weeks after her third concussion in February 2018

Martin (right) quit cheerleading two weeks after her third concussion in February 2018

The lawsuit states that Berkeley regards cheerleaders as 'half-letes' - treating them as entertainers instead of athletes and thus not giving the team the medical resources other sports are given. 

She hopes her legal action - filed in Alameda County Superior Court - will change the way Berkeley and other schools treat the sport. 

'The biggest thing I want is a change for cheerleaders. I want them to be safe, I want people to take them seriously, and I want them to be treated like athletes,' Martin said. 

'I think anytime you're hit in the head it should be standard that you sit out and you have to see a trainer just to make sure you're cleared and okay.' 

'I would just like basic education for the athletes and coaches too so they can know how incredibly precious our brains are.'

A spokesperson for UC Berkeley, Dan Mogulof, said he cannot comment on the lawsuit, which seeks unspecified damages.   

'Cal Athletics closely follows the dictates of a comprehensive policy on concussion management,' Mogulof said in a statement to NBC. 

'Cal's cheerleading coach maintains safety certification from several national agencies...Our policy also requires all members of the Cal cheerleading team to have an examination by a medical staff member when they first join the squad; this process includes in-person concussion education from an athletic trainer and a review of the concussion handout produced by the NCAA for student education.' 

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