Inside look at what RFL lawsuit could look like as 350 players take action

Now there are 350 players from either code of rugby set to take action against the RFU, the Welsh equivalent (WRU) and the RFL as 55 amateur Rugby Union players have begun work with Rylands Law to take this action.

Rylands Law are the firm behind ex-rugby league players’ lawsuit against the RFL over the long lasting effects of head injuries form their careers.

These 55 amateur players have now issued proceedings and in a statement Rylands Law said: “We have this week issued proceedings on behalf of 55 amateur Rugby Union players against World Rugby, the Rugby Football Union (RFU) and Welsh Rugby Union Ltd (WRU). These Claimants, as with their professional Rugby Union peers, contend that these Defendants were negligent in failing to take reasonable action in order to protect players from permanent injury caused by repetitive concussive and sub-concussive blows. Many players now suffer from various irreversible neurological impairments, including early onset dementia, CTE (chronic traumatic encephalopathy), post-concussion syndrome, epilepsy, Parkinson’s disease and motor neurone disease.

“We are encouraged that World Rugby, following on from a similar recent announcement by the RFU, today (13 March) has recommended that the tackle height be lowered in the amateur game; however, it is too little, too late for our clients and many thousands of others to have played the game.

“The allegations raised by the Claimants include the failure by the Defendants to:

take adequate steps to inform, educate or warn the Claimants about the risks of permanent brain damage.

reduce the amount of contact allowed in training.

reduce the number of matches per season/year.

act on the knowledge that concussions often have delayed presentation and that the 5- or 10-minute assessments introduced during a match were wholly inadequate.

devise and implement a brain injury specific player passport system.

ensure that the Claimants were subjected to regular monitoring, such as by way of MRI, and medical examination to check for evidence of changes to the structure of the brain.

institute or commission adequate research into the effects of multiple concussive and sub-concussive impacts on the brain and the prevention of permanent brain injury.

“Over 25 former players in this concussion litigation have now spoken out publicly about their brain injuries from playing the sport, including Ryan Jones, Steve Thompson, Alix Popham, Dan Scarbrough, Carl Hayman, Neil Clark, Jason Hobson, Lenny Woodard, Neil Spence, Paul Pook, Alex Abbey, Tim Cowley, Adam Hughes and Michael Lipman.

“In total, Rylands represents over 250 Rugby Union players with brain damage, as well as over 100 players in Rugby League as part of a separate but similar potential claim against the Rugby Football League (RFL). Lawsuits in Ireland and France commenced last year, with actions elsewhere in the rugby world imminent.

“All Claimants are already suffering from neurological impairments in their 20s, through to their 70s, with some suffering with probable CTE. Several players we represent have, sadly, died from their brain injuries.

“CTE is the disease discovered by Dr Benet Omalu in American football player Mike Webster and is the subject of the movie, Concussion, starring Will Smith. It is a cruel and progressive degenerative disease of the brain found in many players of contact sports leading to repetitive brain trauma. These players include such well-known names as Aaron Hernandez (NFL), Jeff Astle (football), Shane Tuck (Aussie Rules) and Derek Boogaard (NHL).

“We are seeing the same worrying symptoms in numerous cases across both codes of rugby. These symptoms include chronic depression, aggression, significant memory loss, incontinence, drug and alcohol addiction, and, in some cases, suicide attempts.

“The players we represent love the game. We aim to challenge the current perceptions of the governing bodies, to reach a point where they accept the connection between repetitive blows to the head and permanent neurological injury and to take steps to protect players and support those who are injured.”

This statement from Rylands Law, though more focused on Rugby Union, does provide a kind of inside look at what the lawsuit against the RFL could look like.