Head Injured, Prep Football Player Wins $11.2 Million

A former high school football player has been awarded $11.2 million from a jury that concluded a defective football helmet caused him to suffer a severe brain injury four years ago.

A helmet made by the Bike Athletic Co. was unreasonably dangerous, leading to acute bleeding within the brain of Richard Austria, then 16, a Multnomah County Circuit Court jury decided Monday in an 11-1 vote.

The damage award is the largest in Multnomah County court history and apparently marks the first time that an injury case involving a Bike helmet has been presented to a jury.

Jurors concluded that the Richard Austria,a reserve defensive back, was 2% at fault, thus reducing the total award of damages from $11.40 million to $11.19 million. Bocci said Austria would need $5.2 million to provide for daily care the rest of his life.

Irreversible Damage

Austria, now 20, has severe, irreversible mental and physical impairments after suffering an acute subdural hematoma Oct. 1, 1985. He has been living with his parents but requires 24-hour care.

William Mitchell, a Portland lawyer representing Bike, declined to comment on the outcome other than to say, “It was an emotional case.” He said there is a strong chance of an appeal.

Mark Bocci and James M. Pippin, representing the Austria and his parents, contended that the Bike Air Power model helmet worn by Austria had not been adequately tested before the company marketed it.