Legal fight over dementia set to broaden
An English newspaper report suggests up to 10 rugby league players are set to take legal action over their sport’s alleged failure to protect them from brain disease and dementia.
A report in The Times says the unnamed players are undergoing testing and have approached the same law firm which has filed a letter of claim to rugby authorities on behalf of former rugby union players suffering earlyonset dementia and probable chronic traumatic encephalopathy (CTE).
The Times report stated: ‘‘While the firm is not yet prepared to release names [of the rugby league players], some are said to be in a desperate situation as a result of brain injuries they believe have been caused by suffering concussions and subconcussions while playing sport. Among them are stories of homelessness and suicidal thoughts.’’
England’s Rugby Football League has said it is ‘‘noting and monitoring developments but have received no formal contact’’.
Ryland Law, which is representing former rugby union players including ex-England hooker Steve Thompson, is reported to be preparing to launch league year.
English sports lawyer Richard Cramer told The Guardian: ‘‘It’s certainly not going to be an easy case: there are significant hurdles for the claimants to overcome but it’s not insurmountable.
‘‘The most obvious defence would be ‘Volenti non fit injuria’, which means that when a player goes out on the field, they’re aware of the physical nature of the sport they’re playing, and they consent to playing with the risks associated to it.
‘‘But if there is medical evidence to show these issues and injuries have been caused by action against rugby authorities in the new playing the game, that’s something that cannot be ignored.’’
■ A leading doctor has called for rugby authorities to admit there is ‘‘clearly a problem’’ after a study showed over 20 per cent of players in England’s Rugby Premiership suffered concussion in the 2018-19 season.
Head knocks were the major cause of injury for the eighth successive season, according to results of England’s Professional Rugby Injury Surveillance and Prevention Project published in The Daily Telegraph.
Findings showed each match concussion resulted in the player missing an average of 22 days (training or playing) with 166 match concussions and 38 training concussions reported. A dozen players reporting concussion were sidelined for more than 84 days.
Nine players were forced to quit during the 2018-19 season, with head injuries accounting for five of the medical retirements.
The PRISP report led Dr Willie Stewart, a consultant neuropathologist, to say the data should be ‘‘cause for concern’’.
‘‘There is clearly a problem with the sport of rugby as currently played, which needs immediate action, or an acknowledgement from World Rugby that theirs is a sport that may be bad for the brain,’’ Stewart said.