A Siegel football player has sued Rutherford County Schools for brain damage his family said could have been avoided.
For Caleb Victory, progress has been in small steps.
The Siegel Middle School football player took a big hit on the field exactly a year ago on Sept. 1, 2015. He was airlifted to the hospital, but it's what happened beforehand that prompted him and his mom to sue the Rutherford County School Board.
"In terms of concussions, brain damage, brain injury it is absolutely critical to have a paramedic on site," said attorney Bryan Moseley who is representing the Victory family.
In Rutherford County, middle school games did not employ a paramedic until this year, according to a school spokesperson.
An ambulance and paramedic on-site is something that's long been standard at the high school level.
"I think parents are going to be shocked that this isn't something that's routinely done," Moseley said.
The lawsuit claims Caleb had a seizure that lasted 20 minutes before help arrived.
But last year, a TSSAA official disputed that.
"As soon as he collapsed there was a paramedic that called 911 immediately and got him the proper help within a matter of minutes," said Bernard Childress.
The school has rallied around him as he worked on getting back on track. But Moseley says he may never be fully at 100 percent.
"He can be doing a task and in the middle of doing that task forget what he's doing," he said, "this is going to change his life forever."
Moseley said the family isn't looking for the spotlight. They just wanted to bring attention to the issue across the state, and they want financial help for a future that is now uncertain.
The lawsuit seeks judgment for permanent injury and impairment, loss of earning capacity and medical care expenses among other things.
Rutherford County Schools spokesperson James Evans said the school does not comment on pending litigation. He says the district has not yet received the lawsuit, but when it does, staff will respond to the allegations through the judicial process.
