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Dr scott Lynch files lawsuit against PSU, Barbour, and Franklin

Interesting timing.

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the trainer and the Doc are 2 of the most important people around a football program. Some understand you can still play with a broken arm (or whatever) and some dont. Some understand what you can shoot up and some dont. it can really effect the season on who can and cant play, and different guys will have different opinions.
 
And interesting amount. $50,000????????? That's chump change.

This sounds like his idea of winning whether he wins the lawsuit or not. He doesn't give a sh!t about the money. He just wants to make sure he fu(ks up our season whether he wins the lawsuit or not.

Yes, I am sure his main concern is the football team's success this year.

I can just imagine him sitting in his den thinking "You know, I will file a lawsuit just before the season and everyone will talk about me and the lawsuit and all 100 members of the football team, the coaches, the staff, the fans - their entire autumn will be ruined. Bwahahaha"
 
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And interesting amount. $50,000????????? That's chump change.

This sounds like his idea of winning whether he wins the lawsuit or not. He doesn't give a sh!t about the money. He just wants to make sure he fu(ks up our season whether he wins the lawsuit or not.
So you already know that the doctor is the villain in this story?
 
And interesting amount. $50,000????????? That's chump change.

This sounds like his idea of winning whether he wins the lawsuit or not. He doesn't give a sh!t about the money. He just wants to make sure he fu(ks up our season whether he wins the lawsuit or not.
I believe it is for an amount in excess of $50,000, lawyers please respond. Doesn't this amount move you to a higher court?
 
Yes, I am sure his main concern is the football team's success this year.

I can just imagine him sitting in his den thinking "You know, I will file a lawsuit just before the season and everyone will talk about me and the lawsuit and all 100 members of the football team, the coaches, the staff, the fans - their entire autumn will be ruined. Bwahahaha"

Well to be completely honest its already working cause I had no idea who the team Dr. was only that Sebas. was back. LOL.
 
Yes, I am sure his main concern is the football team's success this year.

I can just imagine him sitting in his den thinking "You know, I will file a lawsuit just before the season and everyone will talk about me and the lawsuit and all 100 members of the football team, the coaches, the staff, the fans - their entire autumn will be ruined. Bwahahaha"

$50,000???? Come on. That's nothing more than him making a statement.
 
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And interesting amount. $50,000????????? That's chump change.

This sounds like his idea of winning whether he wins the lawsuit or not. He doesn't give a sh!t about the money. He just wants to make sure he fu(ks up our season whether he wins the lawsuit or not.
I didn't catch that number. yeah, ridiculously low. it would seem his agenda is to save face and/or cause trouble.

my guess is that he got fired. There has been a lot of subterfuge on PSU sports medicine from players. interesting times.
 
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Great! This will be like May 2013 all over again! (that is sarcasm, by the way)

Of course, we have Wayne Sebastianelli playing a role in both of these stories.

Hmmmmmmmmmmmmmmmm.

Why exactly did we bring him back again?
 
Interesting recommendations that he made to Boland. Bottom line is that he thinks that the team physician should report only to God.
 
I believe it is for an amount in excess of $50,000, lawyers please respond. Doesn't this amount move you to a higher court?

From the article:

"He is seeking more than $50,000 in damages from the university in his suit. He claims Penn State officials violated his rights as a whistleblower."

WHISTLEBLOWER. :eek: No doubt the doctor and his lawyers will consult with mcqueary to figure out how to get millions from Penn State. Based on history, it should not be too difficult.
 
As a physician myself, I would judge this as an odd move for him to take. There's more to this story.
Ditto.

Coaches may not want to follow the team physician’s advice because it can hurt the team’s chances to be successful in a game sometimes. However, the physician should do what is in the patient’s best interest, which is his job as a physician. However, the job as team physician is always tenuous because of disagreements with coaching personnel and IMO should not be seen as a permanent job position.

My father quit being a HS team physician because the coach put an injured player back in the game after my father told the coach the kid was done, at least for the rest of the game for fear of making the injury worse. That coach went on to coach Div. I football at Arizona. The high school team won the state mythical championship led by a future star at OSU and later a Div. I head FB coach at NC State and LSU. The players my father tried to pull from action was a starter, but not one of the stars on the team and it probably wouldn’t have altered the outcome of the game. The coach did not want anyone telling him what to do, however. So my father felt it was a lost cause because he wasn’t going to be listened to anyway.
 
Or Ellison Jordan. Or Shane Simmons.
The timing and the amount of money lead me to believe that this is indeed a move to embarrass Franklin and others at PSU.
I can tell you from experience that injured players are unable to perform and by and large of no use in game competition. I don't believe that Franklin wanted athletes that were injured and if so only capable of playing at a percentage of their ability to participate.
This might be the case in high school where there may be a large talent gap between 1st and 2nd string....or where sheer numbers( of eligible players) are an issue.
If the employer isn't satisfied with the job you do......he gets someone else. Everyone is a victim today...booohooo
 
From the article:

"He is seeking more than $50,000 in damages from the university in his suit. He claims Penn State officials violated his rights as a whistleblower."

WHISTLEBLOWER. :eek: No doubt the doctor and his lawyers will consult with mcqueary to figure out how to get millions from Penn State. Based on history, it should not be too difficult.
I believe that Karen Peetz and Rod Erickson have already been mobilized to begin an apology tour.
 
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The $50,000 number is just to keep the case out of Arbitration (small claims Court). It means nothing, really. Curious that the Complaint does not name the athletes allegedly involved....
got it....it is just a place holder. I mean, that 54 page claim would cost $50k. And after attorney fees and taxes, wouldn't buy him a new car. Often, claims like this are to get in a do discovery of emails. Once you have those, you can parse them any way you want to create a narrative (see JoePa and Freeh circa 2012).
 
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The $50,000 number is just to keep the case out of Arbitration (small claims Court). It means nothing, really. Curious that the Complaint does not name the athletes allegedly involved....

^This is correct. Unless there is a very specific and tangible amount owed (think of a breach of contract), it is very rare in PA to demand anything other than more than or less than the compulsory (mandatory) arbitration limits. So, for instance, if your demand is less than the arbitration limits ($50,000.00), then you are mandated, required, compelled (any other syn) to first arbitrate your case. If your demand is more, then you go right to a trial and skip over the arbitration. (Generally speaking)

I also agree that it is odd that there isn't any "player X" allegations. I would think if the case had A LOT of teeth, that you'd (not) see this complaint because it would be filed under seal for health privacy reasons and there would be specific allegations regarding John Doe football players' circumstances and CJF's moves to interfere.

Without those specific examples, it is going to likely be very matter of course for the Defendants to come up with examples: where they followed Dr. Lynch's recommendations, input, etc.; where they followed Dr. Lynch's recommendations, input, etc., in spite of contrary opinions (e.g. outside doctors); and (likely most importantly) where there are other factors, reasons, and bases for PSU to want to move on from Dr. Lynch.

At the same time, there is a reasonable probability/possibility that Dr. Lynch's allegations are correct and he is filing this lawsuit for all of the right reasons: e.g. to get PSU to implement a coherent, autonomous, policy that is devoid of any interference whatsoever (whether or not that is right or wrong). AND...Dr. Lynch, professionally and morally, does not want to get into outlining each and every instance of "Does" at this stage. He can always do that once it gets into the discovery stage.

I'd also note that there are no contractual counts (at least a breach of contract, tortious interference, or third party beneficiary claim). Instead they are in the form of whistleblower items. Whoever is the decider (e.g. HMC, PSU, etc.), if they had the contractual right to remove him, there's not much of a legal there-there. (Note: that's not to say that what he vaguely alleges isn't true).

In my mind, he'd really have to have at least one instance where his decision was overruled or interfered-with which led to a negative consequence for the player.

I still (without any evidence and with only suspicion) wonder whether there isn't more to the TS story of inside and outside doctors. Not blaming either side, but I just wonder.
 
^This is correct. Unless there is a very specific and tangible amount owed (think of a breach of contract), it is very rare in PA to demand anything other than more than or less than the compulsory (mandatory) arbitration limits. So, for instance, if your demand is less than the arbitration limits ($50,000.00), then you are mandated, required, compelled (any other syn) to first arbitrate your case. If your demand is more, then you go right to a trial and skip over the arbitration. (Generally speaking)

I also agree that it is odd that there isn't any "player X" allegations. I would think if the case had A LOT of teeth, that you'd (not) see this complaint because it would be filed under seal for health privacy reasons and there would be specific allegations regarding John Doe football players' circumstances and CJF's moves to interfere.

Without those specific examples, it is going to likely be very matter of course for the Defendants to come up with examples: where they followed Dr. Lynch's recommendations, input, etc.; where they followed Dr. Lynch's recommendations, input, etc., in spite of contrary opinions (e.g. outside doctors); and (likely most importantly) where there are other factors, reasons, and bases for PSU to want to move on from Dr. Lynch.

At the same time, there is a reasonable probability/possibility that Dr. Lynch's allegations are correct and he is filing this lawsuit for all of the right reasons: e.g. to get PSU to implement a coherent, autonomous, policy that is devoid of any interference whatsoever (whether or not that is right or wrong). AND...Dr. Lynch, professionally and morally, does not want to get into outlining each and every instance of "Does" at this stage. He can always do that once it gets into the discovery stage.

I'd also note that there are no contractual counts (at least a breach of contract, tortious interference, or third party beneficiary claim). Instead they are in the form of whistleblower items. Whoever is the decider (e.g. HMC, PSU, etc.), if they had the contractual right to remove him, there's not much of a legal there-there. (Note: that's not to say that what he vaguely alleges isn't true).

In my mind, he'd really have to have at least one instance where his decision was overruled or interfered-with which led to a negative consequence for the player.

I still (without any evidence and with only suspicion) wonder whether there isn't more to the TS story of inside and outside doctors. Not blaming either side, but I just wonder.
Thanks for the post...makes complete sense. I wonder, too, if it qualifies for "whistleblower". It would seem the notion of if a player can or should continue to participate can be quite arbitrary.
 
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He reappears every now and then....like a wart.

I brought up a legitimate point as regards Wayne Sebastianelli (a man who can be fairly labeled as a "Paterno Loyalist", for whatever that is worth).

So again - I'll ask. Why exactly did the football program go hire this guy back in March 2019? Especially given the possibility he was a source for that ridiculous SI article in May 2013?

That May 2013 article should have earned a permanent blackball from PSU football for both Sebastianelli and Jay Paterno.
 
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