Brigham Young University has reached an out-of-court settlement with a former football player whose $10 million suit claimed that BYU athletic department personnel failed to properly diagnosis his existing glandular tumor.
Danny Plater, a former BYU wide receiver, had filed a $10 million suit nearly four years ago.He claimed that team trainers and medical personnel failed, in examinations taken following injuries suffered in football competition, to detect the tumor, which continued to grow and later required surgery to remove.
Paul C. Richards, director of BYU's public communications, confirmed that a settlement had been reached in Orange County, Calif., Superior Court.
The amount of the settlement and other details were not released following court proceedings.
"It has been settled out of court and BYU is pleased that it has been finally resolved," Richards said.
Court records of the suit filed in 1984 state that the former football player suffered a major injury in a September 1981 at Long Beach State, as well as subsequent injuries that also required extensive medical X-rays and detailed examinations.
The suit claims team medical personnel and trainers failed to detect the existing condition, a pituitary sinusoid adenoma, which precluded proper diagnosis, medical attention and treatment.
The negative diagnosis and lack of treatment resulted in excessive tumor growth, a failure to remove the tumor, future radiation and drug treatments and undue emotional stress, according to the suit.
Plater later underwent surgery to remove the tumor, and sensitive skull surgery cut short hopes of a professional football career. He concluded his BYU college career following the 1981 season.
One condition of the settlement, reached before Orange County Superior Court Judge David G. Sills, was that the court documents now become sealed from further review or scrutiny. It was uncertain if the financial settlement was to be paid in one lump sum or over a period of years.