Latest news with #RyanCostello
Forbes
30-05-2025
- Health
- Forbes
Twins' Doctor Must Face Player Malpractice Claim Due To Florida Workers' Comp Exception
Photo byRyan Costello was a promising young baseball player. After being drafted in the 31st round of the 2017 Major League Baseball (MLB) Draft by the Seattle Mariners, and later traded to the Minnesota Twins, he worked his way through the clubs' A and AA affiliates. Sadly, his career was cut short when he was found dead in his hotel room in November 2019 while in New Zealand preparing to participate in the Australian Baseball League. In an ongoing lawsuit in Florida state court, Costello's family alleges that malpractice by Dr. David Olson, a Twins' team doctor, led to Costello's death. The lawsuit has pushed forward on some close legal calls. A Missed Diagnosis According to their December 2021 complaint, Costello's parents allege that as part of a 2019 spring training physical, an electrocardiogram (EKG) revealed that Costello had cardiac abnormalities. Further, Costello's parents claim that Costello should have undergone more testing before being allowed to participate in any strenuous activities. Nevertheless, Dr. Olson allegedly marked Costello's health report as 'Normal' with 'No Further Action Necessary,' clearing Costello to return to spring training. Costello's parents claim that the abnormalities were later determined to be Wolff-Parkinson-White syndrome, 'a cardiac condition that is treatable but that can make vigorous physical activity dangerous and potentially fatal.' Indeed, Costello's death was apparently caused by a cardiac arrythmia, a condition connected with Wolff-Parkinson-White syndrome. Evading Arbitration Dr. Olson first moved to compel the action to arbitration according to the arbitration provision in the Major League Agreement (MLA), also known as the Major League Constitution. The MLA was incorporated by reference into Costello's minor league player contract. Before going further, it is important to understand the context of this arbitration provision. MLB players have long been unionized and, as a result, negotiate collective bargaining agreements governing the terms and conditions of their employment, including relevant arbitration clauses. Minor league players did not unionize until 2022 and did not have a collective bargaining agreement until 2023. Consequently, prior to that point, minor league players were subject to the terms unilaterally imposed by MLB, its major league clubs, and their minor league affiliates. Some of those terms, like the arbitration provision, are included in the MLA, which is simply an agreement among the 30 MLB clubs. The arbitration provision at issue stated as follows: 'All disputes and controversies related in any way to professional baseball between Clubs or between a Club(s) and any Major League Baseball entity(ies) (including in each case, without limitation, their owners, officers, directors, employees and players), other than those whose resolution is expressly provided for by another means in this Constitution, the Major League Rules, the Basic Agreement with the Major League Baseball Players Association, or the collective bargaining agreement with any representative of the Major League umpires, shall be submitted to the Commissioner, as arbitrator, who, after hearing, shall have the sole and exclusive right to decide such disputes and controversies and whose decision shall be final and unappealable.' Major League Constitution, Art. VI, Sec. 1. Consequently, as eventually explained by the District Court of Appeal of Florida, 'the arbitration provision applies to disputes that are related in any way to professional baseball and that are between either: (1) two or more Clubs; or (2) one or more Club(s) and one or more Major League Baseball entity(ies).' Importantly, the court reiterated that '[b] The trial court granted Dr. Olson's motion to compel, relying on Wolf v. Rawlings Sporting Goods, a 2010 case in which the Southern District of New York, applying the same arbitration provision, also granted a motion to compel arbitration. In Wolf, a former minor leaguer sued MLB, Minor League Baseball and a variety of other parties after his skull was fractured by a pitch that he said was the result of a defective helmet. In a December 8, 2023 decision, the District Court of Appeal of Florida, Sixth District, disagreed and reversed. In its reading, the present action 'is a dispute between a player of a Club and an employee of the same Club.' It is an 'intra-Club dispute' and such disputes are not within the scope of the arbitration provision. The court also differentiated Wolf, asserting that the claims there 'plainly fell within the scope of the arbitration provision.' Evading Workers' Compensation Law Following the case's remand back to the trial court, Dr. Olson argued that the Costellos' claims were barred by workers' compensation laws, which generally provide the exclusive avenue for resolving disputes over workplace injuries, including deaths. Workers' compensation laws also generally bar lawsuits against coworkers. Instead, the injured worker is intended to be fully compensated by the workers' compensation insurance system. As an initial matter, Dr. Olson's argument hinged on a surprising fact – that he was a co-employee of Costello. While athletic trainers are typically employees of professional sports clubs, doctors are usually independent contractors. Indeed, in several cases brought by players, athletic trainers have successfully asserted the workers' compensation defense while doctors have not (see chapters 2 and 3 of this report for discussion of such litigation). In a March 11, 2025 decision, the court denied Dr. Olson's motion for summary judgment based on the workers' compensation defense. The result turned on the application of Florida rather than Minnesota law. The court determined that Florida law – where Dr. Olson examined Costello – should apply. Florida's workers' compensation law, however, does not cover professional athletes. In other words, because professional athletes cannot be compensated by the workers' compensation system, they (or, in this case, their estate representatives) are not barred from bringing claims against their employers or co-employees arising out of workplace injuries. Dr. Olson has appealed the court's decision, which has resulted in a stay of the proceedings until an appellate decision is rendered. If the appeal is unsuccessful, expect Dr. Olson and his insurer to seek a settlement rather than face the exorbitant amounts often awarded to professional athletes by juries in medical malpractice cases.
Scottish Sun
23-04-2025
- Business
- Scottish Sun
Unique city-centre bar suddenly closes after just 2 years – but owner defiantly insists ‘this isn't going to be the end'
A hot spot for healthy socialising vows to go on despite being forced to close its doors. SHUT DOWN Unique city-centre bar suddenly closes after just 2 years – but owner defiantly insists 'this isn't going to be the end' Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A 'ONE of a kind' Birmingham bar has closed after two 'amazing years', through no fault of their own, its owners claim. The first of its kind, Exhale Conscious Bar, was Birmingham's first totally alcohol free bar. Sign up for Scottish Sun newsletter Sign up 3 The alcohol free bar marketed itself as space for healthy socializing Credit: Instagram 3 Two months ago, it announced it would pivot from a bar to an events space Credit: Instagram The king of mocktails in a city known for its love of booze, the sober bar added kick in funky ways with CBD-infused botanical cocktails and boutique non-alcoholic beer. Citing financial troubles, the bar announced it would diversify in February, hoping to become an events venue and use the space in a 'more proficient way.' However, just two months on, the owners have been forced to 'close permanently', and all future events are cancelled. Exhale co-founder Ryan Costello announced on Instagram: "This has been no fault of our own. 'It has been down to the proprietors, the landlords, National Car Parks and the owners of the building.' He blamed the closure on their inability to 'come to a resolution' and profusely expressed 'massive apologies' to everybody from booked artists to punters. He said: "I want to say a massive thank you to everyone who came through the door with positive energy and everything in between. 'I've met so many great friends, shared the experience with so many people. 'Spaces like this are needed for healthy socialising without alcohol, teaching people better ways to socialise and have fun.' 3 But the hippy venue announced its closure this week Credit: Instagram He added that he looks forward to a 'brighter future' and assured fans that it wasn't the end for Exhale events- that the company will be 'on the road.' Messages of support and encouragement poured in from punters after the announcement. One wrote: 'This was a space that was close to my heart! An unforgettable chapter! When one door closes, another door opens.' Another fan thanked the bar for: 'So many amazing memories, you and Keith should be extremely proud of everything you achieved. 'I had so many key moments in my journey in that space, and I know that many others did too, and your passion and love facilitated that. A particularly upset punter wrote: 'I am actually heartbroken for you guys. 'Thanks for sharing your gifts with us. I'm sure the universe has better things coming your way.' One distraught customer pointed out that a lot of their favourite entertainment is closing down: 'So saaaaad first my favourite music festys and now my favourite alcohol free bar, lots of love, can't wait to see your Phoenix era!' The cost of living crisis has put a dent in people's pockets, reducing footfall, which, combined with rocketing energy costs, has put mounting pressure on bars and restaurants. Further pressure has been added by Rachel Reeve's hike to employers' National Insurance in last October's budget, and the recent increase in the national minimum wage.
The Sun
23-04-2025
- Business
- The Sun
Unique city-centre bar suddenly closes after just 2 years – but owner defiantly insists ‘this isn't going to be the end'
A 'ONE of a kind' Birmingham bar has closed after two 'amazing years', through no fault of their own, its owners claim. The first of its kind, Exhale Conscious Bar, was Birmingham's first totally alcohol free bar. 3 3 The king of mocktails in a city known for its love of booze, the sober bar added kick in funky ways with CBD-infused botanical cocktails and boutique non-alcoholic beer. Citing financial troubles, the bar announced it would diversify in February, hoping to become an events venue and use the space in a 'more proficient way.' However, just two months on, the owners have been forced to 'close permanently', and all future events are cancelled. Exhale co-founder Ryan Costello announced on Instagram: "This has been no fault of our own. 'It has been down to the proprietors, the landlords, National Car Parks and the owners of the building.' He blamed the closure on their inability to 'come to a resolution' and profusely expressed 'massive apologies' to everybody from booked artists to punters. He said: "I want to say a massive thank you to everyone who came through the door with positive energy and everything in between. 'I've met so many great friends, shared the experience with so many people. 'Spaces like this are needed for healthy socialising without alcohol, teaching people better ways to socialise and have fun.' 3 He added that he looks forward to a 'brighter future' and assured fans that it wasn't the end for Exhale events- that the company will be 'on the road.' Messages of support and encouragement poured in from punters after the announcement. One wrote: 'This was a space that was close to my heart! An unforgettable chapter! When one door closes, another door opens.' Another fan thanked the bar for: 'So many amazing memories, you and Keith should be extremely proud of everything you achieved. 'I had so many key moments in my journey in that space, and I know that many others did too, and your passion and love facilitated that. A particularly upset punter wrote: 'I am actually heartbroken for you guys. 'Thanks for sharing your gifts with us. I'm sure the universe has better things coming your way.' One distraught customer pointed out that a lot of their favourite entertainment is closing down: 'So saaaaad first my favourite music festys and now my favourite alcohol free bar, lots of love, can't wait to see your Phoenix era!' The cost of living crisis has put a dent in people's pockets, reducing footfall, which, combined with rocketing energy costs, has put mounting pressure on bars and restaurants. Further pressure has been added by Rachel Reeve's hike to employers' National Insurance in last October's budget, and the recent increase in the national minimum wage. What is happening to the hospitality industry? By Laura McGuire, consumer reporter MANY Food and drink chains have been struggling in recently as the cost of living has led to fewer people spending on eating out. Businesses had been struggling to bounce back after the pandemic, only to be hit with soaring energy bills and inflation. Multiple chains have been affected, resulting in big-name brands like Wetherspoons and Frankie & Benny's closing branches. Some chains have not survived, Byron Burger fell into administration last year, with owners saying it would result in the loss of over 200 jobs. Pizza giant, Papa Johns is shutting down 43 of its stores soon. Tasty, the owner of Wildwood, said it will shut sites as part of major restructuring plans.
Yahoo
19-02-2025
- Health
- Yahoo
Tell us how Pennsylvania's opioid crisis has changed you, your family, your community, and more
Spotlight PA is an independent, nonpartisan, and nonprofit newsroom producing investigative and public-service journalism that holds power to account and drives positive change in Pennsylvania. Sign up for our free newsletters. Ed Mahon reported this story while participating in the USC Annenberg Center for Health Journalism's 2024 Data Fellowship and received engagement mentoring and funding. HARRISBURG — A little over two years ago, I had a video call with a small group of mothers whose families were all deeply affected by the opioid crisis. Three had a child die from a drug overdose. All of them were frustrated with the rollout of opioid settlement money and how people in power were making decisions. That conversation has stayed with me as I've explored debates about the best way to spend potentially billions of settlement dollars in Pennsylvania, revealed legal concerns over secretive state decisions, and created tools to make the money easier to follow. I've also tried to make sure our coverage shines a light on the perspectives of people who have firsthand experience of the epidemic's devastating impact. You can expect more of that approach, plus some new techniques, in the coming months as we seek to better understand the issue and explore solutions. We're particularly focused on issues affecting children and families — whether it's grandparents raising children whose parents have died, the effectiveness of programs that aim to prevent illicit drug use, or the impact of the crisis on county offices that are responsible for investigating and assessing allegations of child abuse and neglect. We're exploring these and other issues, and we need your help. Using the form below, please share your experiences and perspectives. Your input will inform our ongoing reporting and help as we plan a live event in April on this important Spotlight PA, we've been pursuing these recent opioid settlement stories as part of a data fellowship through the USC Annenberg Center for Health Journalism. The program offered me four days of in-person training, as well as ongoing support and mentorship. It helped me launch a first-of-its-kind database in November that makes it easier to track opioid settlement money in Pennsylvania. You can search for keywords such as 'syringe,' 'police,' and 'jail' to get a better understanding of what local communities are prioritizing. Ryan Costello, a former Republican U.S. representative from the Philadelphia suburbs, used the database multiple times in a column as he criticized what he considered misuses of settlement funds. Cathleen Palm, a child protection advocate, had suggestions for items to search for in the database — 'infant,' 'child,' or even 'soccer.' I've heard from others across the state who reached out to their local officials after having concerns about spending decisions they found in the database. We have more plans to broaden our reach. Over the past few months, Spotlight PA Events Coordinator Yaasmeen Piper and I have been working closely with the Center for Health Journalism's national engagement editor, Teena Apeles, on ways we can expand who we're reaching with our stories. I've also been working to organize listening sessions, and we're planning a larger in-person event. The form above will help those engagement efforts. 'Engagement is journalism,' reads a guide from the Center for Health Journalism. 'It is journalism that explicitly provides community members with avenues to participate in, contribute to or shape the reporting prior to publication. Engagement can also involve decision-makers in new and creative ways.' Since November, we've been including a comment box in our settlement stories that asks for reader feedback. So far, we've received about 20 responses to those prompts, plus we've connected with people in other ways. At least one person wanted the money to go to drug treatment centers. Another suggested using the funds for nonprofit counseling facilities, and another highlighted the importance of teen prevention programs. Some emphasized the importance of having a transparent process and public input. If you have thoughts on how opioid settlement money should be used or how we can better engage with people across the state, I always want to hear them. You can connect with me directly at emahon@ or at 717-421-2518. I'll also be reviewing every response in the form above. If you learned something from this article, pay it forward and contribute to Spotlight PA at Spotlight PA is funded by foundations and readers like you who are committed to accountability journalism that gets results. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
