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Old 08-12-2008, 05:00 AM   #1
Jeff Bixby
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Lawsuit brought against CF affiliate

New issue of Navy Times I got in the mail yesterday highlighted a story about a former sailor who has filed a lawsuit against a CF affiliate, blaming them for permanent physical damage caused to him by CF training (i.e. - rhabdo). It's not up on their website yet, but once it is I'll post the link.

oops - here is the story: from the new August 18th issue of Navy Times (navytimes.com)

Quote:
CrossFit critique

Lawsuit alleges workout damaged health of former sailor
By Bryan Mitchell - bmitchell@militarytimes.com
Posted : August 18, 2008

MANASSAS, Va. — A lawsuit filed by a former sailor has raised concerns about the dangers of a workout regimen that is rapidly growing in popularity across the military.

The lawsuit, filed by former Information Systems Technician 1st Class Makimba Mimms in Prince William County, Va., Circuit Court late last year, seeks $500,000, as well as punitive damages, in connection with the permanent disability Mimms allegedly suffered as a result of performing the CrossFit workout under the direction of a trainer at a Manassas gym.

CrossFit, an intense strength and conditioning regimen, is practiced by thousands worldwide at dozens of ad-hoc clubs and is especially popular with military and law enforcement communities.

Neither CrossFit nor its founder, Greg Glassman, is listed as defendants in the lawsuit, but the word “CrossFit” appears dozens of times throughout the legal documents connected to the suit. Glassman could not be reached for comment.

The lawsuit is part of an emerging body of evidence that CrossFit may be damaging to participants’ health, perhaps even causing death — a possibility acknowledged by its founder as early as 2005.

Following a June story on the popularity of CrossFit in Military Times newspapers, Capt. Jonathan Picker, commander of the Navy’s Center for Personal and Professional Development, posted a story that raised concerns about CrossFit in the July issue of the center’s internal magazine.

“Several [experts] in the sports medicine field (military and civilian) have addressed a concern that the program has the potential for causing an increased incidence of musculoskeletal injuries and even muscle breakdown (rhabdomyoloysis) and therefore is not supported by [Navy Center for Personal and Professional Development],” the story states. “Granted, anyone can develop a program that’s very intense, but there’s a safer way of doing this for our sailors.” Picker could not be reached for comment.

Navy officials said studies are underway to examine CrossFit and its potential effects on service members, but those involved with the studies declined to discuss the specifics.

A section of Picker’s story was posted on a CrossFit Web site and subsequently mocked by some of CrossFit’s more strident advocates.

“You know what’s another excellent way to get a musculoskeletal injury?” one poster asked in reply to Picker’s assessment. “Getting shot because you can’t run fast enough with 50 [pounds] on your back!”

However, Glassman posted a warning on the CrossFit site in October 2005 labeled “CrossFit induced Rhabdo,” telling participants about the potential problems associated with the unforgiving workout, while Eugene Allen — a Washington State law enforcement officer who runs a CrossFit blog — posted an even less ambiguous warning in May 2005 titled “Killer Workouts.”

“With CrossFit, we are dealing with what is known as exertional rhabdomyolysis,” he wrote. “It can disable, maim and even kill.”

That’s what Mimms contends happened to him in one intense exercise session Dec. 11, 2005, in which, he said, he suffered injuries he has yet to recover from.

In the initial seven-page complaint filed Nov. 21, Mimms’ attorney, Phillip Walsh, contends that Manassas World Gym, Ruthless Training Concepts and Ruthless trainer Javier Lopez failed to exercise diligence before instructing an unprepared Mimms in performing CrossFit.

“The defendants, in concert with one another, entreated, promoted, encouraged and coached Mr. Mimms to perform and endure the extreme exertion prescribed by the CrossFit regimen,” court records state.

The suit claims Mimms suffered from rhabdomyolysis — which occurs when tiny shreds of muscle fiber are absorbed by the bloodstream and ultimately poison the kidneys — as a result of performing a CrossFit workout under the direction of Lopez, who worked as Ruthless Training Concepts trainer at the now-defunct Manassas World Gym.

Mimms, who was in the Navy for 11 years, got out in May and was not separated for medical reasons, declined to discuss the case, pending a trial slated to begin Oct. 6 in Manassas.

Lopez could not be reached for comment. However, statements made by Lopez to court officials during a pre-trial deposition indicate he was aware that “people who perform too intensely perhaps can undergo this rhabdomyolysis,” he said.

Ruthless Training Concepts, as well as attorneys representing Ruthless and Manassas World Gym, declined to comment on the suit.

Several physicians, including Walter Reed Army Medical Center neurophysiologist Lt. Col. Mark Landau, concluded that Mimms suffered severe injuries following his intense CrossFit workout, according to court records.

The injuries included rhabdomyolysis, lumbosacral spine strain and strain of the bilateral quadriceps, according to court documents. As a result of these injuries, Mimms was incapacitated, lost time from work and required surgery, court records show.

“[He] endured great mental and physical pain mental anguish and inconvenience,” court records state. “[He] has incurred and will in the future incur medical and related expenses, has sustained permanent disability.” The extent of his physical disability was not outlines in court documents.

Dr. Priscilla Clarkson of the University of Massachusetts contends that Lopez encouraged Mimms to perform exercises known to produce rhabdomyolysis. “Adequate precautions to prevent such a condition from occurring were not taken,” Clarkson wrote in documents prepared for the lawsuit.

Gray Cook, a physical therapist who consults with a host of NFL teams on strength and conditioning, said CrossFit is not dangerous unless performed by people not physically prepared for its intensity.

Cook stressed that he did not want to disparage CrossFit, and that the program has inherent benefits, such as keeping people active and preventing boredom by mixing up workouts. His concern is that novice participants don’t know what they’re getting into.

“Football players practice a lot more than they play for a reason,” Cook said. “You are not supposed to test drive the system as much as you tune it up.”

Mimms is certainly not the only service member to induce rhabdo with a strenuous workout. An article in the February/March 2008 issue of the Medical Surveillance Monthly Report, published by the Armed Forces Health Surveillance Center, indicates the ailment is on the rise across the services.

There were 114 cases of rhabdo across the military services in 2004, four of which required hospitalization. The number rose to 159 in 2007, including 34 that required hospital visits.

No individual cause is provided for the rise in the number of rhabdo cases, and CrossFit is not mentioned in the four-page article.

The articles states that troops struck with rhabdo are more likely to be from Army and Marine units, that cases tend to occur in the summer, and that blacks and other non-white service members are at a higher risk of suffering from the ailment.

Last edited by Jeff Bixby : 08-12-2008 at 05:19 AM. Reason: Found link to story
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Old 08-12-2008, 05:40 AM   #2
Jeff Bixby
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Re: Lawsuit brought against CF affiliate

Here is a link to the MSMR publication from the Armed Forces Health Surveillance Center talking about rhabdo.

http://afhsc.army.mil/msmr_pdfs/2008/v15_n02.pdf
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Old 08-12-2008, 06:03 AM   #3
Leonid Soubbotine
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Re: Lawsuit brought against CF affiliate

It's actually a good and well thought out article.
Interesting read.
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Old 08-12-2008, 06:25 AM   #4
Andy Shirley
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Re: Lawsuit brought against CF affiliate

This makes it very interesting:
http://board.crossfit.com/showthread.php?t=17862
wfs

Also note that Ruthless is no longer an affiliate(not sure when this happened), but they do appear to still be using similar concepts. Wonder if this was part of the reason for the split?

Last edited by Andy Shirley : 08-12-2008 at 06:36 AM.
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Old 08-12-2008, 06:34 AM   #5
Casey Raiford
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Re: Lawsuit brought against CF affiliate

If I know the Navy (and I like to think I do) the next step is going to be a hysterical over-reaction that uses the word "safety" about 90 times.
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Old 08-12-2008, 06:37 AM   #6
Andy Poquette
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Re: Lawsuit brought against CF affiliate

Quote:
Originally Posted by Casey Raiford View Post
If I know the Navy (and I like to think I do) the next step is going to be a hysterical over-reaction that uses the word "safety" about 90 times.

LMAO

And that will carry over to all branches of the service where here in the Army we will need to now attend a yearly class about the dangers of working out too hard.

Don't forget to sign the roster...
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Old 08-12-2008, 06:47 AM   #7
Casey Raiford
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Re: Lawsuit brought against CF affiliate

Exactly!

And we'll all have to wear helmets to work out, have 19 corpsmen standing by and attend sensing sessions quarterly.
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Old 08-12-2008, 07:00 AM   #8
Robert D Taylor Jr
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Re: Lawsuit brought against CF affiliate

That's all fine and good. The military is risk averse. My worry is when the signs get posted at my MWR gym. "High Intensity Workouts not allowed." Of course, high intensity for me might not look so bad...
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Old 08-12-2008, 07:32 AM   #9
Casey Raiford
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Re: Lawsuit brought against CF affiliate

That's a very distinct possibility, actually. The problem will be a pretty standard one: who defines "high intensity workouts" and how do they do it? The answer will most likely be that the MWR staffers will just sort of eyeball it and tell people to quit doing anything that's suspicious.

This, despite the findings in the AFHSC report stating that:

Quote:
Still, the findings of this analysis are informative and
potential useful for prevention. They confi rm that, in U.S.
service members, most cases of exertional rhabdomyolysis
occur in mid-to-late summer at basic combat/recruit training
installations and at home bases of major Army and Marine
Corps combat units.
Facts rarely impede safety.
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Old 08-12-2008, 08:10 AM   #10
Steven Bowser
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Re: Lawsuit brought against CF affiliate

I wonder what kind of wavier they had at Ruthless. We really need a standard Waiver Form that helps protect us. Unfortuately I dont think there is such a animal.
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