A Sad Lawsuit

No one wants to be in the position of parents who have to deal with their child who suffers a life-altering injury as a result of playing Little League baseball. Yet, that's what happened to a Wayne family, whose son was injured when a baseball struck him in the chest and caused brain damage from lack of oxygen for 15 to 20 minutes.

They are now suing Little League, Louisville Slugger, and the Sports Authority, among others, for damages.

Little League is being sued because they sanction the use of the aluminum bat in question, even though the child, Steven Domalewski, was injured in a Police Athletic League game, not a sanctioned Little League game.

While I have tremendous sympathy for the family, I think the lawsuit will ultimately go nowhere as this will likely come down to a battle of experts, who can and will show that there's no way to assign blame to the manufacturer or anyone else as the injury could have been sustained as a result of the use of a standard wooden bat. In a worst case scenario, the higher costs resulting from a judgment or settlement in the family's favor will be passed on to everyone else who plays baseball in the form of insurance premiums and the costs of organizing such leagues.

Little League denies any wrongdoing, as does the bat manufacturer. The Sports Authority has not responded to several telephone messages seeking comment.

The lawsuit called the sale of the bat, described as a 31-inch, 19-ounce Louisville Slugger embossed with "Approved for play in: Little League," an unconscionable commercial practice because the metal bat was known for its "lack of safety and risk of injury."

Since their introduction in the 1970s, the controversial claim has been that balls travel faster when hit by non-wood bats.

Domalewski's heart stopped for a few moments in a rare and often fatal condition called commotio cordis. His brain was deprived of oxygen.

A team of doctors from the International Brain Research Foundation in New York has been providing advanced remedial treatment including nerve and brain simulation and remote brain activity monitoring through the Internet.

One year after the accident, Steven, who is being home schooled, was able to take his first step, lifting and putting one foot forward.

Since the incident, Joseph Domalewski, the boy's father, has been speaking out against the bats and various civic groups have held fund-raisers to help defray medical expenses.