David and Lin Adair also sued the Eastern Oklahoma Orthopedic Center Inc. in connection with the April 2006 death of Devin Adair.

Adair, 21, was a transfer from El Camino Junior College in California. The Manhattan Beach, Calif., native began school at TU in January 2006 and went through spring football drills.

He had been projected as a 2006 starter for TU, which at the time was looking to replace All-American Garrett Mills, who went on to play in the NFL. However, Adair died before playing a regular season-game for the Golden Hurricane.

TU spokesman David Hamby said Friday that the university does not comment on pending litigation. A call seeking comment from Eastern Oklahoma Orthopedic Center was transferred to a person who would not give her full name. She said the organization had no comment.

Several people who are familiar with Adair's situation said shortly after his death on April 28, 2006, that he died of complications from a staph infection.

On Friday, plaintiff's attorney Gregg Luther said Adair died due to necrotizing fasciitis, which is commonly known as flesh-eating bacteria.

Luther said Friday that Adair's original staph infection could have been successfully treated with penicillin.

Besides alleging that health care providers were negligent in treating Adair, the lawsuit claims that TU was negligent in formulating policies and procedures for treatment and well-being of student athletes.

Additionally, the Adairs -- who live in California -- allege that TU "was negligent in supervising (its) coaching staff and other university employees, including, but not limited to, allowing coaching staff and employees to perform inappropriate punishment drills on student athletes."

Luther said that in mid-April 2006, Adair was one of several TU players who were disciplined for behavior involving alcohol.

He said Adair was ordered by an assistant coach to roll the length of the football field while in less than full uniform. He said Adair sustained an abrasion on his rib cage for which he sought treatment on April 17, 2006.

Current Golden Hurricane head football coach Todd Graham was coaching at Rice University in 2006.

TU's head coach at the time of Adair's death was Steve Kragthorpe, who now coaches the University of Louisville.

An attempt to reach Kragthorpe through Louisville's sports information office was unsuccessful late Friday.

In late April 2006, Kragthorpe released a statement saying, "Words cannot describe the grief and sadness the entire football program is feeling at this time. Even though Devin was at Tulsa for just a short time, he made a lasting impression upon all of us that had an opportunity to know him. He was an energetic and bright young man who will be greatly missed."

Kragthorpe, who is not named as a defendant in the lawsuit, reportedly spent many hours in Adair's St. Francis Hospital room in the days before the student's death.

Later in 2006, Kragthorpe said Adair's death was "one of the hardest things I've been through."

The lawsuit asks for damages -- including punitive damages -- in excess of $75,000.

"It's hard to put a value on your child," Luther said.

David Harper 581-8359
david.harper@tulsaworld.com