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It is highly likely that somewhere in those medical records, the plaintiff is going to state the date of injury. It they are trying to move that date back I think the courts will look at that as just an effort to avoid the statute of limitations. If this is the case, then I think it is a straight forward case and will get dismissed. Unless they just settle to avoid the bad PR.
ALso of note is that if he suffered from memory loss associated with post-concussion syndrome and the other symptoms such as headaches, blurred vision, etc- you would likely see an immediate drop in his grades. So, an immediate drop in grades could help pinpoint the date of injury. The defense could argue the statute of limitations based on this analysis. If they use this analysis to help establish the date of injury and that date is within the statute of limitation, then this analysis would also serve to substantiate his claim of injury happening during the time period that rush was going on (which would support his claim of how the injury happened).
If he documented the injury as he is claiming in his lawsuit in the early medical records (and they filed before the expiration of the statute of limitations), I think it quite likely that he will prevail.
The ABC article also states he has been diagnosed with bipolar disorder, implying the condition was caused by the head injury. Again, medical records will show whether or not he had a documented history of any mental illness issues prior to the alleged incident. If his medical records show he was not symptomatic for any head injury issues prior to the alleged incident I think that would also be in his favor of prevailing. However, each side will have to bring in their medical experts to try to prove that the BP was caused by traumatic brain injury.
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