A former football star suffered a brain injury. A lawsuit will decide who pays for care
The main case over Jonathan Heubel's concussion is over, but a battle over blame is still headed to trial.
The secondary claims related to Heubel's lawsuit are now scheduled to go before a jury in Erie County Common Pleas Court in January. The trial is set to start a year after a confidential settlement ended the main case.
The trial will be over the Pittsburgh-based Allegheny Health Network's claims that Heubel's chiropractor is jointly liable for his injuries, which left the 21-year-old former McDowell High School linebacker unable to care for himself. He now lives in Florida in the care of his family.
On Jan. 26, AHN, which includes Saint Vincent Hospital in Erie, settled the claims of Heubel and his mother. She is his legal guardian because of of his incapacitated status.
In their suit, filed in April 2021, they blamed AHN's athletic trainers for the traumatic brain injury Heubel suffered while playing for McDowell, in the Millcreek Township School District, during a home football game on Sept. 25, 2020. Heubel was 17 at the time.
Judge David Ridge, who has presided over the entire case, outlined the new trial schedule for the other claims at a status conference on Friday. Ridge in March tentatively set the trial for July with the understanding that scheduling issues might require another date.
![Newly sworn in Erie County Judge David Ridge addresses the audience, Jan. 3, 2020, during a swearing-in ceremony that included other elected officials in Courtroom H at the Erie County Courthouse. [CHRISTOPHER MILLETTE/ERIE TIMES-NEWS]](https://s.yimg.com/ny/api/res/1.2/HaSpFhMxfEKH9YKv4PecHg--/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTY5OA--/https://media.zenfs.com/en/erie-times-news/e951221a9d22a83faceed5d0529201ee)
Ridge on Friday said the trial could start with testimony on Jan. 6 or 13. He said no matter what the final date, he wants the trial to happen sometime that month. The trial is expected to last several days.
"Let's really try to get this trial done in January," Ridge said.
What was the primary claim in Heubel's lawsuit?
In the main case, Heubel, known as Johnny, and his mother, Megan Beasley, claimed Heubel fell victim to what is known as second impact syndrome during the game on Sept. 25, 2020. They claimed he suffered a concussion on the field before he had recovered from a concussion that he suffered at a game two weeks earlier.
Heubel and Beasley claimed the AHN athletic trainers, working under contract with the Millcreek School District, failed to properly diagnose Heubel's previous concussion.
AHN denied the claims. The lawsuit sought damages of $22.5 million. The settlement is sealed.
Why is AHN suing Heubel's chiropractor?
AHN expanded the case in April 2023. It sued Heubel's chiropractor, Phoebe Kutterna, of Fairview Township.
Kutterna treated Heubel for headaches and neck and back pain leading up to the football game on Sept. 25, 2020, according to court records.
AHN is contending that Kutterna and her practice should be held responsible for any negligence related to her treatment of Heubel. AHN wants any damages it wins in the case to help offset the financial settlement in the main case.
Kutterna is denying the claims.
Attorney Jason Logue, of Pittsburgh, is representing AHN. Attorney Robert Dillon, of Philadelphia, is representing Kutterna and her practice, Progressive Chiropractic Center.
Contact Ed Palattella at epalattella@timesnews.com. Follow him on X @ETNpalattella.
This article originally appeared on Erie Times-News: Johnny Heubel's concussion liability lawsuit has date in court
