Hits keep coming for seriously-injured athlete | The Hays Free Press

Hits keep coming for seriously-injured athlete

Posted by on May 19th, 2010 and filed under Hays County, Kyle, Top Stories.


Former Hays football player Shelby Sherman is able to walk again after a paralyzing injury. (Courtesy photo)

by JEN BIUNDO

When 16-year-old Hays High School football player Shelby Sherman was sacked by a defender during a 2008 junior varsity scrimmage game and landed on the crown of his head, he was too stunned to be afraid as he lay on the damp turf.

But when he saw his mother, sister and girlfriend crying on the sidelines, he worried. When he remained fully paralyzed five hours after the accident, he worried that he would spend the rest of his life as a paraplegic. When the feeling slowly began to return to his limbs during a three-hour MRI, he worried that one side of his body was still numb.

And when he slowly walked out the hospital the next day in a neck brace, he worried that he would never play football again.

Two years later, he’s worrying about how his parents will pay the medical bills.

“It finally hit me how much this is going to cost my family,” Shelby said.

Shelby’s parents, Mary Beth and David Sherman, say the school district wasn’t transparent about the limitations of the catastrophic insurance policy it carries for sports injuries.

“We were always told that if you do not have primary care and you need to fall back completely on the school’s insurance, it does not pay 100 percent, more like 80 percent,” said his mother, Mary Beth Sherman.

At the time of Shelby’s injury, his father had recently lost the family’s health insurance following an illness. Concerned about her son playing football without insurance, Mary Beth Sherman said she talked with coaches at the Gridiron dinner before the start of the 2008 school year, and was again told that the supplemental policy covered about 75 – 80 percent of bills for catastrophic injuries.

But after the accident, the Shermans learned that the policy actually had a $25,000 deductible per child per year, leaving them on the hook for about $22,000 in medical bills.

On Aug. 22, 2008, just after the start of the scrimmage game with Cedar Park, Shelby was going up to catch a pass on the one yard line. The defender jumped up at the same time, knocking Shelby’s feet from under him and sending him crown first into the turf.

Mary Beth Sherman had seen her son take a hit before, but she had never seen him laying so still.

“My daughter is the one who said ‘Mom, he’s not moving,’” Sherman recalled.

They were called out of the stands and found the trainer, Mark Winters, on the ground with her son.

“I could see Shelby’s eyes were open and Mark was talking to him very calmly and asking him lots of questions, but it was obvious that Shelby could not feel anything from the neck down,” Sherman said. “I had the thought that I’m not putting my son in a wheelchair today. I talked to God on that one.”

Shelby was taken by ambulance to Brackenridge Hospital, where his parents told hospital staff they would be relying solely on the school insurance. Hospital staff didn’t indicate that would be a problem, Sherman said.

Through CAT scans, MRIs and other tests, they kept him overnight in the ER. As the paralysis lifted, he was released the next afternoon wearing a brace and on restricted activity and with a diagnosis of a cervical spinal cord injury.

On the first day of school, she went in to fill out the paperwork. Coaches told her that as the bills came in, she should fax them to the insurance company to expedite the process, she said.

It sounded simple until the first Explanation of Benefits (EOB) paper came in mid-October.

The bills kept coming, adding up to $22,000, just shy of the $25,000 deductible. The insurance policy covered just $1,400.

In months of wrangling with the insurance agency and school officials, Sherman said she found it frustratingly difficult to get even simple information, such as a copy of the catastrophic policy.

“It almost feels like these policies are for show, because the process is so arduous,” Sherman said. “Most people couldn’t handle this. It would be way over their head.”

The Shermans say they’ve accepted the fact that they’re stuck with the $22,000 tab for the overnight hospital stay, but are still angry at what they feel was a lack of clear information coming from the district about the catastrophic plan. Sherman went before the school board earlier this year to express her frustration, but didn’t receive a response.

According to the Texas Department of Insurance, school districts are not required to carry sports insurance coverage for students, but may opt to do so.

School district officials did not issue a statement on the issue, but simply noted that the school is bound by the terms and conditions of the insurance coverage. Current athletic forms given to parents about the supplemental policy include language warning parents of its limitations.

“This is a limited benefit policy and any charges above the policy limit are YOUR RESPONSIBILITY,” the form states. “Please be aware that this is a limited benefit policy and by NO MEANS was intended to cover all medical bills for your child.”

Shelby, enrolled in the state Children’s Health Insurance Program (CHIP), was able to continue playing football, and the memories of his temporary paralysis are now the basis for college application essays.

“People take it for granted that they can get up out of bed and walk,” Shelby said. “Now, when I see paraplegics, I think ‘That could be me.’ It was the scariest moment of my life, but it was a life changing experience.”

Related stories:

  • Free market

    Yep, the free markets DO work, right? Insurance companies don’t need regulations, they are fine the way they are, right?

    Just another example of why we need regulation. Yet, the conservatives and Glenn Beck worshippers continue to protest otherwise.

  • Parent

    How many kids are on the playing fields now uninsured ? How many families would $22,000 bankrupt ? Our kids are on the fields making money for their schools and are not being protected ! How comfortable are you knowing your child is playing ? What IF Shelby had been paralyzed ? Could have , would have the district weaseled out of the medical bills then ? What excuse would they have had ?

  • Geoff

    I beg to differ from your opinion Free Market. Read the story again and follow the train of events. The father “loses” coverage following an illness. Obviously, the family was concerned about not having coverage since they had asked about the school’s supplemental policy prior to the tragic on-field incident. The mother asked the COACHES about the supplemental policy and was assured the policy covered the majority of any injuries on the field. The family decides this is sufficient coverage, and in knowing the risk, the boy plays. The article at least does not mention if at this point the family looked into coverage through CHIP, or finding and individual policy just for the son. Unfortunately, he gets hurt and this leaves a substantial bill after the supplemental policy did not cover things as the COACHES said it would.

    The basic difference between my opinion and yours is that I put a great deal of responsibility on the family for not knowing what the policy covered and not ensuring proper insurance was in place, while you assume regulators should protect us all from everything. Relying on the coaches knowledge of the insurance coverage was a mistake that I think even the family will admit at this point. Regardless of the fact that the coaches should have a little better knowledge than they apparently showed, they are not insurance professionals and should not be relied upon as such.

    The key things to learn from this truly unfortunate situation are these: 1) Read your policy, or make sure you speak to a LICENSED professional about your coverage, 2) Make sure you have proper coverage in place. In regards to the former, if a licensed professional had misinformed her prior to the event, then it is that professional’s responsibility to know the policy they are selling and that would make them liable in this situation. Understand that the term ‘supplemental policy’ is just that. It is meant to supplement other coverage, not be relied upon as coverage in full. In regards to the latter, this family could have either obtained CHIP coverage when they lost their other coverage, or obtained an individual policy for their son for less than $100 a month.

    This situation is really unfortunate. There is no other word to describe it. You certainly feel bad for the family as they tried to do what is right, thought they had things in place, but were unfortunately given poor information. They had a truly unfortunate accident on the field, but at the end of the day, they received excellent care and are fortunate to have had a full recovery.

  • Bill

    Geoff, the family did put a lot of time in researching what the policy covered. If you’d get the facts through your head, you’d realize that they were lied to and menipulated. In the policy, it is stated that there is a duductable for minor and major injuries(both seperate). A minor injury would fall under the catagory of a broken arm or leg, something to that nature. Naturally, this policy would call for less funds. As for the major or “catastrophic” policy, it covers instances like peralysis. Unfortunately, when the boy was struck with temporary loss of feeling from his neck down, the doctors still had to preform all the tests as if he wasgoing to be perminately paralysed. These tests cost a boat load of money.
    Then as they went to file for the school’s insurance, they were told that they were only going to recieve the minor deductable due to the fact that he did not have permenant paralysis.
    And as for your little list of rules, they did check the policy over and over again. Then after the incident they took it to the board and read it word for word. So here’s a list for you. #1- as an insurance and school district, make sure the policy is well written and don’t false advertise. #2- Don’t blame people for going with what they were told by coaches and the schoolboard. If it had been your kid I’m sure you wouldn’t be sitting there saying, “we should have done this and we should have done that.” You would have been out there fighting for your son.
    As for chip, the mother had been trying to file for it but the policy had not come through. You must remember that this was a scrimmage. The season had not even started yet.
    So I recommend that you watch who your blaming and get the facts straight instead of saying that they should have known.

  • Geoff

    Bill:
    Sorry, but all I had to go by was what was reported in the story. All the story mentioned was that the family asked the coaches at the Gridiron dinner about the coverage. It did not mention that they had spoken to the school board about it prior to the scrimmage. You are certainly correct in that it is much easier for me, as an outsider, to look at the situation and criticize actions of the family. You are also correct that if it were my kid, then I would be fighting for them. I appreciate your additional details about the situation not reported in the story as they give more clarification.
    With that said, I stand by my advice (or list of rules as you called them, though that was not their intent). It is important that people know who is a reliable source when seeking an opinion. Obviously, the coaches and possibly the board failed to explain the policy properly. However, I would argue that it is not their job to do so. Granted, if they are offering the policy to the kids they better make darn clear about who to contact with any questions. At the very least they did not do a good job of CYA and advising the family to ask a professional about the coverage. If I were working for an employer and was concerned about the health insurance offered me, would I depend on the word of the HR department? NO WAY! I would call the company directly and know as much as possible about my concerns straight from the horses mouth.
    I guess my issue is that I am not sure the point of reporting this story if there was no conclusion about how this situation could be avoided in the future. Is the point to explain that there is a fund to assist the family in paying the bill? Is the point to just bash the coaches and school district for something that is arguably not their responsibility? Is the point to show triumph over tragedy and the things we take for granted in life? Or maybe the point is to give advice to consumers on what to watch out for? Based on the title of the article, it seemed to me as if Ms. Biundo was trying to point out the pitfalls in the policy and inaction by the school to do anything about it. However, I felt that there was a prime opportunity to explain how we can protect ourselves from being in the same position that was not addressed. So, the point of my rant was to give my own advice and respond to the illogical comment by Free Market about the story. In the end, we always have to ask ourselves what we could do differently to avoid these situations. To this, I would answer that speaking to the right person about the policy would have given the family the right answer and allowed them to get the coverage they were seeking. I was merely trying to give advice on how to accomplish that task.

Advertisement

Recent Comments

Latest Headlines

The Hays Free Press on Facebook

Photo Gallery

120x600 ad code [Inner pages]
Log in | Congratulations, you read all the way to the bottom.