The Yankees, Dellin Betances, and Informed Consent Laws
Unless you’re a time-traveling visitor from 900 years in the future, you’ve probably heard that the Bronx Bombers have been struck by a rash of injuries early on this season. Among the more eyebrow-raising of those maladies was the revelation that key setup reliever and very tall human Dellin Betances had been sidelined with a bone spur. As Randy Miller reported for NJ.com:
What’s really interesting about Betances’ ordeal this week – his setback in Tampa, return to New York and second MRI – is Friday night’s revealing that he’s been pitching with a bone spur in his throwing shoulder since high school that never has affected his pitching.
More interesting, GM Brian Cashman said on Friday night that the Yankees have known about the bone spur since Betances had an MRI before signing his first pro contract as a teen in 2006 … and Betances saying Saturday morning that he first heard of it on Friday night.
That’s right – it appears the Yankees knew for over a decade that their right-handed relief ace had a bone spur, and they didn’t tell said right-hander about it.
“I guess from the previous MRIs I’ve always had it,” Betances said Saturday. “I didn’t know about it until now. But, yeah, I’ve always had it. I always come into spring and I feel, I guess .. a little stiff, But for me it usually gets better and this time it wasn’t. That’s pretty much what happened.”
Why did the Yankees never tell Betances about his bone spur?
“He hasn’t had the inflammation before,” Cashman said. “On the various testing we’ve done since we signed him … (After) drafting (Betances) I gave him a $1 million to sign rather than go on to college, and you do a physical and there’s an MRI, and right away that was (a bone spur that was) an incidental incident, meaning it’s not affecting him.
“There is something there. It’s inconsequential, non-symptomatic. He hasn’t had to deal with this. It’s had no affect on his game or pitching in anyway shape or form. The various times we imaged him, if it was for insurance or whatever reason, it’s always been there, but it’s never been something that’s caused a problem.”
There’s a lot to unpack here, but let’s start with this: the Yankees not only knew that Betances had a bone spur, they imaged it for insurance purposes. At the same time, they didn’t tell Betances because, as Cashman put it, it was “incidental” and largely asymptomatic. The uniform Major League Baseball contract required Betances to warrant that he has “no physical or mental defects” that would “prevent or impair” his ability to play baseball. The Yankees knew Betances had such a defect, and didn’t tell him. Worse, they had a number of contentious arbitration hearings with the right-hander. In hindsight, Randy Levine’s comments that Betances was “a victim” of his agent’s “overreach,” and comparison of Betances to an astronaut, seem even worse when one considers that the Yankees knew Betances had a medical condition and had seemingly disclosed that to insurance companies but not the player himself. Read the rest of this entry »