Myles Powell Sues Seton Hall and Kevin Willard

[room112]

Something is not adding up here to me. First of all, the damage is already done, because an accusation like this, even if proven down the line to not be true, is devastating and will be accepted as fact. 

But in Myles Powell's senior season, despite the claims of injury, he went on to win the Big East Player of the Year and also was named a first team All American. The claims that he would have been a first round pick are wholly unsupported. 

Along with that, the timing of this is interesting. It almost sounds like a kid who is upset his NBA dream is not working out and looking for someone to blame. I'm not seeing anything that is saying since the injury wasn't treated at the time, he wasn't able to recover from it. By all indications, he can go and play at a high level overseas.

So not sure what the real issue here is.

 

[SJUFAN2]

 

You always have a hard time successfully concluding by missing the point.   There is no assertion of how the college did or didn't act. The main point is that as a legal adult, Powell had full access and complete control over his medical information, including all tests results, and physician consultations.   If a physician misled him deliberately as to the nature of his injury or prescribed treatment, that physician, hospital, or medical group would be subject to disciplinary action, loss of license, and/or criminal charges....

 

Ummm...there's a lawsuit alleging the coach and trainer (the College) mislead him.  I'd consider that an assertion of how the "college" did or didn't act.  The veracity of that assertion is certainly in question, but its definitely an assertion on Powell's part.
As for the physician issue...did he see one?   And if he did, considering the aforementioned scandals where other physicians lacked the moral and ethical compass to give a hoot about penalties, professional ethics, or criminal behavior, it requires a serious lack of imagination to find it "hard to believe" that someone could fudge a diagnosis to get a player on the court.   


Beast of the East post=436630

...Did SHU minimize the injury to Powell to keep him on the court?  I would guess they left it up to him, but encouraged him to play with it and also limited his practice time and on court minutes.    Typically an orthopedic surgeon will advise you to do nothing until the pain becomes so great as to necessitate surgery.   A meniscus will NOT heal by itself.   I seriously doubt Powell would have sat out his senior year because of this injury unless he was told it was going to make it worse.  

Typically, college athletes don't sue their coaches for lying to them about their injuries so I'm not sure "typical" actions by a doctor apply here.  
I actually agree with you to a certain extent that Powell is an adult and responsible for his own medical decisions.   But how many college age adults are well versed in that, or even care?   Most look to people they trust to advise them on the right course of action on issues like this, or for a path that can get them back in the game as soon as possible.  
In this case, Powell alleges the coach and trainer didn't give him honest advise, or true information.  Not sure if he alleges a doctor did the same, but he'll get his day in court to prove his allegations.   

 

[SJUFAN2]

Something is not adding up here to me. First of all, the damage is already done, because an accusation like this, even if proven down the line to not be true, is devastating and will be accepted as fact. 

But in Myles Powell's senior season, despite the claims of injury, he went on to win the Big East Player of the Year and also was named a first team All American. The claims that he would have been a first round pick are wholly unsupported. 

Along with that, the timing of this is interesting. It almost sounds like a kid who is upset his NBA dream is not working out and looking for someone to blame. I'm not seeing anything that is saying since the injury wasn't treated at the time, he wasn't able to recover from it. By all indications, he can go and play at a high level overseas.

So not sure what the real issue here is.

That's fair skepticism.   

But we don't know what evidence they have to support his claims.   Clearly one party here is lying and unethical.  Is that Powell or Willard?

If its Powell, then Willard should counter sue.   If its Willard, then he should never coach again.

These are serious accusations that should be afforded due process before drawing any conclusions.

 

[beast of the east]

 

You always have a hard time successfully concluding by missing the point.   There is no assertion of how the college did or didn't act. The main point is that as a legal adult, Powell had full access and complete control over his medical information, including all tests results, and physician consultations.   If a physician misled him deliberately as to the nature of his injury or prescribed treatment, that physician, hospital, or medical group would be subject to disciplinary action, loss of license, and/or criminal charges....


 

Ummm...there's a lawsuit alleging the coach and trainer (the College) mislead him.  I'd consider that an assertion of how the "college" did or didn't act.  The veracity of that assertion is certainly in question, but its definitely an assertion on Powell's part.
As for the physician issue...did he see one?   And if he did, considering the aforementioned scandals where other physicians lacked the moral and ethical compass to give a hoot about penalties, professional ethics, or criminal behavior, it requires a serious lack of imagination to find it "hard to believe" that someone could fudge a diagnosis to get a player on the court.   


Beast of the East post=436630

...Did SHU minimize the injury to Powell to keep him on the court?  I would guess they left it up to him, but encouraged him to play with it and also limited his practice time and on court minutes.    Typically an orthopedic surgeon will advise you to do nothing until the pain becomes so great as to necessitate surgery.   A meniscus will NOT heal by itself.   I seriously doubt Powell would have sat out his senior year because of this injury unless he was told it was going to make it worse.  

Typically, college athletes don't sue their coaches for lying to them about their injuries so I'm not sure "typical" actions by a doctor apply here.  
I actually agree with you to a certain extent that Powell is an adult and responsible for his own medical decisions.   But how many college age adults are well versed in that, or even care?   Most look to people they trust to advise them on the right course of action on issues like this, or for a path that can get them back in the game as soon as possible.  
In this case, Powell alleges the coach and trainer didn't give him honest advise, or true information.  Not sure if he alleges a doctor did the same, but he'll get his day in court to prove his allegations.   

Let me speak in simple English, which hopefully you can comprehend.  I am not making a judgment on whether or not he was advised to keep playing.   What he is asserting is the basis of his suit, in which he claims he was told it was an ankle injury, not a knee injury.   Also, I am not asserting that Powell is responsible or not responsible for his own medical decisions.   What I am asserting is that any information regarding his medical history, including any diagnosis or treatment, is private between him and a medical professional.   The school cannot send him to see a doctor and get the results but not Powell.  In fact, they cannot be privy to the results without Powell releasing that information to them in writing.   The whole notion that they hid medical information from him regarding a diagnosis doesn't make much sense or stopped him from seeking medical care when he experienced pain in his knee just doesn't seem to make sense.   

So I am not talking about medical decisions, which an adult must make for himself..   I am talking about PHI (personal/protected health information).  I don't know he is asserting that the college knew his diagnosis, but he didn't.

 

 

[room112]

Something is not adding up here to me. First of all, the damage is already done, because an accusation like this, even if proven down the line to not be true, is devastating and will be accepted as fact. 

But in Myles Powell's senior season, despite the claims of injury, he went on to win the Big East Player of the Year and also was named a first team All American. The claims that he would have been a first round pick are wholly unsupported. 

Along with that, the timing of this is interesting. It almost sounds like a kid who is upset his NBA dream is not working out and looking for someone to blame. I'm not seeing anything that is saying since the injury wasn't treated at the time, he wasn't able to recover from it. By all indications, he can go and play at a high level overseas.

So not sure what the real issue here is.

That's fair skepticism.   

But we don't know what evidence they have to support his claims.   Clearly one party here is lying and unethical.  Is that Powell or Willard?

If its Powell, then Willard should counter sue.   If its Willard, then he should never coach again.

These are serious accusations that should be afforded due process before drawing any conclusions.

I'm not drawing any conclusions or saying either party is right or wrong. In situations like this, the truth usually lies somewhere in the middle. I certainly do hope the process is allowed to play out and the truth comes to light. 

 

[Jack Williams]

Coaches are paid only to win.  Losing coaches get fired.

Fans only come to see winning basketball.  Losing teams have empty arenas.   Boston college draws hundreds when the opponent isn't Duke or UNC.

Players feel the pressure to stay on the court to attract NBA attention.    Questions about a guard's health or durability could cause NBA teams to look elsewhere.

In this era, the patient over 18 controls his own medical information.  An 18 year old must grant permission for even his parents to learn what is going on.    HIPAA patient privacy puts the patient firmly in control.

I'd find it hard to believe that Powell was denied access to his own doctor's diagnosis or recommendations.

In light of the high profile scandals at Ohio St, Penn St, Michigan and USC involving the coverup of doctors, coaches and administrative leaders actions in order to protect the program or university, I find it hard to believe that anyone would find it hard to believe that a coach, program or college would put its own interests ahead of those of its students/athletes.
Right now its an allegation.  We'll see if its provable, but college sports has proven to be a cesspool of corruption at its highest levels so how is this so much more of a stretch than the incredible shenanigans that went on in those universities? 

   The Nets signed Kevin Durant AFTER he ruptured his achilles tendon, a much more serious injury.  


 

Beast, your post raises a lot of good points. But I couldn’t help myself but point out this is quite possibly the biggest false equivalency ever written.

of course the Nets signed Kevin freaking Durant despite the injury. 

as for Powell, if NBA front offices were on the fence about drafting him, a lingering knee issue could absolutely sway them to not take him. Powell and his lawyer aren’t doing themselves any favors by saying he was a lottery pick though. They should’ve just said he would’ve been drafted.

otherwise I agree with a lot of your post. Ultimately we will see what kind of evidence gets presented 

 

[SJUFAN2]

 

You always have a hard time successfully concluding by missing the point.   There is no assertion of how the college did or didn't act. The main point is that as a legal adult, Powell had full access and complete control over his medical information, including all tests results, and physician consultations.   If a physician misled him deliberately as to the nature of his injury or prescribed treatment, that physician, hospital, or medical group would be subject to disciplinary action, loss of license, and/or criminal charges....



 

Ummm...there's a lawsuit alleging the coach and trainer (the College) mislead him.  I'd consider that an assertion of how the "college" did or didn't act.  The veracity of that assertion is certainly in question, but its definitely an assertion on Powell's part.
As for the physician issue...did he see one?   And if he did, considering the aforementioned scandals where other physicians lacked the moral and ethical compass to give a hoot about penalties, professional ethics, or criminal behavior, it requires a serious lack of imagination to find it "hard to believe" that someone could fudge a diagnosis to get a player on the court.   


Beast of the East post=436630

...Did SHU minimize the injury to Powell to keep him on the court?  I would guess they left it up to him, but encouraged him to play with it and also limited his practice time and on court minutes.    Typically an orthopedic surgeon will advise you to do nothing until the pain becomes so great as to necessitate surgery.   A meniscus will NOT heal by itself.   I seriously doubt Powell would have sat out his senior year because of this injury unless he was told it was going to make it worse.  

Typically, college athletes don't sue their coaches for lying to them about their injuries so I'm not sure "typical" actions by a doctor apply here.  
I actually agree with you to a certain extent that Powell is an adult and responsible for his own medical decisions.   But how many college age adults are well versed in that, or even care?   Most look to people they trust to advise them on the right course of action on issues like this, or for a path that can get them back in the game as soon as possible.  
In this case, Powell alleges the coach and trainer didn't give him honest advise, or true information.  Not sure if he alleges a doctor did the same, but he'll get his day in court to prove his allegations.   

Let me speak in simple English, which hopefully you can comprehend.  I am not making a judgment on whether or not he was advised to keep playing.   What he is asserting is the basis of his suit, in which he claims he was told it was an ankle injury, not a knee injury.   Also, I am not asserting that Powell is responsible or not responsible for his own medical decisions.   What I am asserting is that any information regarding his medical history, including any diagnosis or treatment, is private between him and a medical professional.   The school cannot send him to see a doctor and get the results but not Powell.  In fact, they cannot be privy to the results without Powell releasing that information to them in writing.   The whole notion that they hid medical information from him regarding a diagnosis doesn't make much sense or stopped him from seeking medical care when he experienced pain in his knee just doesn't seem to make sense.   

So I am not talking about medical decisions, which an adult must make for himself..   I am talking about PHI (personal/protected health information).  I don't know he is asserting that the college knew his diagnosis, but he didn't.


 

Thanks.  Those were some big words so I'll have to take time to look them all up.  /media/kunena/emoticons/whistling.png
Since you seem to miss my point, and yours seems to constantly be on the move, I'll clarify (in small words)...
Nobody is debating what the rules are for how medical information is SUPPOSED to be disseminated or how doctors and coaches are supposed to act in these circumstances with those in their care. 
I'm simply pointing out that your assertion that it is "hard to believe" that those rules and processes could be corrupted for personal gain by those who are supposed to act in the best interests of their charge is absurd.  Recent NCAA history shows us that some will do much worse than lie about the extent of an injury.
 

 

[SJUFAN2]

Coaches are paid only to win.  Losing coaches get fired.

Fans only come to see winning basketball.  Losing teams have empty arenas.   Boston college draws hundreds when the opponent isn't Duke or UNC.

Players feel the pressure to stay on the court to attract NBA attention.    Questions about a guard's health or durability could cause NBA teams to look elsewhere.

In this era, the patient over 18 controls his own medical information.  An 18 year old must grant permission for even his parents to learn what is going on.    HIPAA patient privacy puts the patient firmly in control.

I'd find it hard to believe that Powell was denied access to his own doctor's diagnosis or recommendations.

In light of the high profile scandals at Ohio St, Penn St, Michigan and USC involving the coverup of doctors, coaches and administrative leaders actions in order to protect the program or university, I find it hard to believe that anyone would find it hard to believe that a coach, program or college would put its own interests ahead of those of its students/athletes.
Right now its an allegation.  We'll see if its provable, but college sports has proven to be a cesspool of corruption at its highest levels so how is this so much more of a stretch than the incredible shenanigans that went on in those universities? 

   The Nets signed Kevin Durant AFTER he ruptured his achilles tendon, a much more serious injury.  



 

Beast, your post raises a lot of good points. But I couldn’t help myself but point out this is quite possibly the biggest false equivalency ever written.


 

Clearly you've skipped most of his other posts...  /media/kunena/emoticons/grin.png

 

[BrookJersey Redmen]

So someone can sue me right now in the courts in New Jersey for kidnapping the Lindberg baby.

I can defend myself and the burden of proof is on Myles Powell as the plaintiff to prove all elements of his case (liability and damages) to a preponderance of the evidence. It is not a simple effort. I can think of all sorts of defenses the defendants can lodge against these allegations. The proof will come out over time and Powell at some point might have to defend against a summary judgment motion to get to a jury trial.

Besides the awful publicity this entails, multiple parties including defendants and Seton Hall personnel will be deposed and there will be dueling  experts (medical and damages experts) arguing their case for each side.

Let's face it, the juries are unsophisticated when it comes to complex medical testimony from the defense team, and it may come down to which expert the jury likes and/or believes is more credible.

All-in-all, it is a nightmare for Willard, Testa and the Hall. I am just so happy it is them and not us.

 

[BrooklynRed]

Maybe Miles needs a medical malpractice lawyer as that would be provable as to diagnosis/appropriate treatment.

 

[beast of the east]

Coaches are paid only to win.  Losing coaches get fired.

Fans only come to see winning basketball.  Losing teams have empty arenas.   Boston college draws hundreds when the opponent isn't Duke or UNC.

Players feel the pressure to stay on the court to attract NBA attention.    Questions about a guard's health or durability could cause NBA teams to look elsewhere.

In this era, the patient over 18 controls his own medical information.  An 18 year old must grant permission for even his parents to learn what is going on.    HIPAA patient privacy puts the patient firmly in control.

I'd find it hard to believe that Powell was denied access to his own doctor's diagnosis or recommendations.

In light of the high profile scandals at Ohio St, Penn St, Michigan and USC involving the coverup of doctors, coaches and administrative leaders actions in order to protect the program or university, I find it hard to believe that anyone would find it hard to believe that a coach, program or college would put its own interests ahead of those of its students/athletes.
Right now its an allegation.  We'll see if its provable, but college sports has proven to be a cesspool of corruption at its highest levels so how is this so much more of a stretch than the incredible shenanigans that went on in those universities? 

   The Nets signed Kevin Durant AFTER he ruptured his achilles tendon, a much more serious injury.  



 

Beast, your post raises a lot of good points. But I couldn’t help myself but point out this is quite possibly the biggest false equivalency ever written.

of course the Nets signed Kevin freaking Durant despite the injury. 

as for Powell, if NBA front offices were on the fence about drafting him, a lingering knee issue could absolutely sway them to not take him. Powell and his lawyer aren’t doing themselves any favors by saying he was a lottery pick though. They should’ve just said he would’ve been drafted.

otherwise I agree with a lot of your post. Ultimately we will see what kind of evidence gets presented 

Oh, not equating The risk/reward of Kevin Durant to Myles Powell, but the point is that a meniscus injury compared to a ruptured achilles tendon is like comparing a sprained ankle to a compound fracture.   There is no possible way an NBA team would be scared off a lottery pick by a torn meniscus.

 

[SLYFOXX1968]

I’m not a Attorney but , it seems curious that Seton Hall University was not named in the Suit ?   Why just Willard and Testa ?    Myles Powell had a great playing Career at Seton Hall and was named BE Player of the year during his last season .. And , also a All American .   Sports injuries happen all the time , in virtually every Sport , even Golf .. Some injuries are not serious enough to prevent the Player from continuing to play . And , ultimately that responsibility rests with the Player individually .  If the Player isn’t in pain and wants to play , only substantial Medical evidence can over rule that decision and that would be the responsibility of the School , Doctors , etc .  Myles , I believe graduated from Seton Hall with a degree .. it doesn’t matter what he studied but , obtaining a Degree suggests that Myles has a good Education and understands his own injuries .  The fact that Powell continued to play in his Senior Year and at a high level seems to be at variance to his Claim.   Being BE Player of the Year , doesn’t guarantee a lucrative NBA draft position or being a lottery pick.    As many have said , Powell ,like Ponds before him , just didn’t fit the NBA profile that gets Scouts excited .  Lottery Pick ? That might have been Myles dream 
but ,that opinion was not apparently shared by any of the NBA teams .  Powell has a great Career and will be forever regarded as one of the School’s best .   The Merits of his case will be determined by the evidence . Taking sides , for either side in this suit at this point , seems unfair . So far , these are allegations . Big difference in the Court Room .. stay tuned 

 

[JohnnyFan]

I’m not a Attorney but , it seems curious that Seton Hall University was not named in the Suit ?   Why just Willard and Testa ?    Myles Powell had a great playing Career at Seton Hall and was named BE Player of the year during his last season .. And , also a All American .   Sports injuries happen all the time , in virtually every Sport , even Golf .. Some injuries are not serious enough to prevent the Player from continuing to play . And , ultimately that responsibility rests with the Player individually .  If the Player isn’t in pain and wants to play , only substantial Medical evidence can over rule that decision and that would be the responsibility of the School , Doctors , etc .  Myles , I believe graduated from Seton Hall with a degree .. it doesn’t matter what he studied but , obtaining a Degree suggests that Myles has a good Education and understands his own injuries .  The fact that Powell continued to play in his Senior Year and at a high level seems to be at variance to his Claim.   Being BE Player of the Year , doesn’t guarantee a lucrative NBA draft position or being a lottery pick.    As many have said , Powell ,like Ponds before him , just didn’t fit the NBA profile that gets Scouts excited .  Lottery Pick ? That might have been Myles dream 
but ,that opinion was not apparently shared by any of the NBA teams .  Powell has a great Career and will be forever regarded as one of the School’s best .   The Merits of his case will be determined by the evidence . Taking sides , for either side in this suit at this point , seems unfair . So far , these are allegations . Big difference in the Court Room .. stay tuned 

I believe the school is also named.

 

[paultzman]

I’m not a Attorney but , it seems curious that Seton Hall University was not named in the Suit ?   Why just Willard and Testa ?    Myles Powell had a great playing Career at Seton Hall and was named BE Player of the year during his last season .. And , also a All American .   Sports injuries happen all the time , in virtually every Sport , even Golf .. Some injuries are not serious enough to prevent the Player from continuing to play . And , ultimately that responsibility rests with the Player individually .  If the Player isn’t in pain and wants to play , only substantial Medical evidence can over rule that decision and that would be the responsibility of the School , Doctors , etc .  Myles , I believe graduated from Seton Hall with a degree .. it doesn’t matter what he studied but , obtaining a Degree suggests that Myles has a good Education and understands his own injuries .  The fact that Powell continued to play in his Senior Year and at a high level seems to be at variance to his Claim.   Being BE Player of the Year , doesn’t guarantee a lucrative NBA draft position or being a lottery pick.    As many have said , Powell ,like Ponds before him , just didn’t fit the NBA profile that gets Scouts excited .  Lottery Pick ? That might have been Myles dream 
but ,that opinion was not apparently shared by any of the NBA teams .  Powell has a great Career and will be forever regarded as one of the School’s best .   The Merits of his case will be determined by the evidence . Taking sides , for either side in this suit at this point , seems unfair . So far , these are allegations . Big difference in the Court Room .. stay tuned 

“Myles Powell, a Trenton native who played at Seton Hall University from 2016-2020, filed suit on Wednesday against the university in Essex County Court. Named as additional defendants in the case are men's basketball Head Coach Kevin Willard and Tony Testa, who serves as the university’s director of sports medicine.”

[URL]https://www.courthousenews.com/former-star-point-guard-sues-seton-hall-over-injury/[/URL]

 

[SLYFOXX1968]

Not seeing the official Documents , it’s hard to determine if Seton Hall was also named .   It doesn’t change the merits but , broadens the field for those allegations .. The Schools Insurance will be substantially involved in the Case . They will defend the School , Willard and Testa .  The Court Calendar might be long and frustrating . The Insurance Company will either offer a quick settlement or prolong it as long as possible . Right up to the Court House steps . 

 

[Porgyman]

Not seeing the official Documents , it’s hard to determine if Seton Hall was also named .   It doesn’t change the merits but , broadens the field for those allegations .. The Schools Insurance will be substantially involved in the Case . They will defend the School , Willard and Testa .  The Court Calendar might be long and frustrating . The Insurance Company will either offer a quick settlement or prolong it as long as possible . Right up to the Court House steps . 

The school, Tesla and Willard will be offered a defense by the Insurance Company, however it will be under a Reservation of Rights. Anything that is found to be intentional is not insurable. Within the reservation, all 3 parties will be offered the option of appointing their own counsel, at their own expense.  A basic tenet of Insurance law applies here. The duty to defend is greater than the duty to indemnify.

 

[Amaseinyourface]

Suddenly, DJ playing for Boeheim’s Army doesn’t seem so bad. 

 

[kranmars]

I am skeptical of Powell’s story, which is strange for me because I am of the opinion that Willard is a rat. 

If SJU uses this (and should) to its benefit in the recruiting battles, I am all for it. A rat like Willard would pounce on this story if it was the other way around.

 

[Spocky Ramone]

I am skeptical of Powell’s story, which is strange for me because I am of the opinion that Willard is a rat. 

If SJU uses this (and should) to its benefit in the recruiting battles, I am all for it. A rat like Willard would pounce on this story if it was the other way around.

https://m.imdb.com/title/tt0067991/
 

 

[SLYFOXX1968]

Wow, it’s difficult to understand the vitriolic on this site towards Seton Hall and Willard , et al.   Many have already readied him for the Guillotine or , close to it.   Would those condemning  him, with just these allegations , feel differently if Powell is found to have thrown up a desperate but , unfounded untruth ?   If I am correct , Powell tried  out for the Knicks as a undrafted free agent after the 2020 Season , was cut and played for the G League Knicks all their season .  Did he ever hsve the injured Miniscus repaired ?  Was he cleared to play by the Knicks Medical Staff at the time he tried out ?   Allegations are not facts , until proven .  Many here have already tried , convicted and sentenced Seton Hall and Willard to the depths of hell .  The time for condemnation will be when facts are presented and judgments made . It may never come to that . Private Settlements  in these things are often arrived at , with no party admitting anything and Confidentiality part of any Settlement . It’s unlikely this Case will ever reach a Court Room . By the way, Powell’s Malpractice Attorney isn’t working ProBono on this and will normally get 1/3 of any $$$Settlement ..  it’s a no Win for Seton Hall and Willard .  Counter Suing Powell is a poor 
choice and nether the School or Willard would derive any benefit . Powell ‘s reputation as a Player is in the Books , as they say .  Doubtful though he will reap any future promotion as a iconic Player from the School . It’s a nasty one , for all concerned .