League’s landmark case over concussion
Former NSW State of Origin winger James McManus is taking legal action against the Newcastle Knights over the club’s handling of his concussions in a landmark case that will have huge ramifications for contact sports.
The case, which begins with a directions hearing in the Australian Supreme Court next month, is sure to be closely scrutinised by the legal and sporting fraternity and could result in more actions being taken against sporting clubs and bodies for negligence.
McManus made all of his 166 NRL appearances for the Knights in a career that also included three Origin games. However, the career of the Scotland-born three-quarter came to a premature halt after suffering the last in a series of concussions in the round-20 loss to South Sydney in July of 2015. McManus sat out the remainder of that season and didn’t play again, officially announcing his retirement from the game on medical grounds in August of last year. He has since been working for Newcastle in a business development role in the club’s corporate team.
Knights chairman Brian McGuigan said the club respected McManus’ right to sue, but would be defending its handling of his concussions.
‘‘Players have got to be approved to go back on the ground by the doctors, the medical staff,’’ McGuigan told Fairfax Media.
‘‘If he is deemed to be fit, all we do is abide by that, all we have ever done is abide by that. We have never put anyone under pressure to go back on the field were they not approved by the medical staff as
being ready to go back on the field. In Newcastle we have a very good screening operation, together with Hunter Area Health for those concussion incidents.
‘‘We think we have not done anything wrong and would certainly not do anything wrong by any of the players and ask them to do anything that was untoward to their long-standing health condition.’’
McManus attended the Knights’ season launch on Friday night and his legal action won’t alter his employment at the club.
‘‘We have not changed his status at all,’’ McGuigan said.
‘‘From his point of view, he needs to look to his long-term wellbeing. If he and his doctors think he has had some injury, then he has a right to sue. But at the same time, we deny any responsibility on the basis that our doctors said he was OK to return to the field.
‘‘We would never contemplate forcing anyone to go back onto the field. We are doing everything in step with what we should do in a legal sense to make sure we protect the club and the NRL against such action because we believe we have no case to answer.’’
In its injury surveillance report, the NRL noted an increase in head-injury assessments from 210 in 2015 to 276 in 2016. Sixty-six per cent of those cases were cleared to continue playing in 2016, compared to 54 per cent in 2015. A strengthening of concussion protocols has been credited for the increase in assessments.
The NRL was contacted for comment but a spokesperson said it was a matter for the Knights.
McGuigan conceded the case could have widespread ramifications for rugby league.
‘‘You could contemplate that would be a serious impact for the code and any code really,’’ McGuigan said. ‘‘We showed we are responsible because we stopped his playing.’’