29 Nov 2023

Rugby players to combine action lawsuit relating to concussion

6:51 am on 29 November 2023
All Blacks medical staff asking for concussion check for Waisake Naholo. 2017.

All Blacks medical staff asking for concussion check for Waisake Naholo. 2017. Photo: PHOTOSPORT

The London High Court will hear a plea this week to combine claims from 268 former rugby players suffering from neurological impairments into a group action lawsuit against three governing bodies of the sport, law firm Rylands Garth said.

The firm said that it would seek a Group Litigation Order for claims against World Rugby, England's Rugby Football Union and the Welsh Rugby Union. GLOs are commonly associated with industrial disease claims such as respiratory problems for coal miners. Rylands Garth are also making an application for anonymity, although many of those involved have chosen to speak publicly about their situation.

Rylands Garth said that 475 sportsmen and women - 450 rugby union and league players and 25 footballers - are now part of several lawsuits related to concussion. Although more than 100 of the rugby union players are former internationals, many were amateur or semi-professional, while there are six women involved.

The players allege the governing bodies failed in their duty of care, which exposed them to concussion and non-concussion injuries leading to disorders such as motor neurone disease, early onset dementia, chronic traumatic encephalopathy (CTE), epilepsy and Parkinson's disease.

"We are seeing the same worrying symptoms in numerous cases across all three contact sports," Rylands Garth said in a statement.

"These symptoms include chronic depression, aggression, significant memory loss, incontinence, drug and alcohol addiction and in some cases, suicide attempts."

Tyla Nathan-Wong of the Black Ferns receives treatment from a medic.

Tyla Nathan-Wong of the Black Ferns receives treatment from a medic. Photo: PHOTOSPORT

World Rugby, the RFU and WRU said in a joint statement on Tuesday that they were saddened to hear about the struggles of former players.

"Despite court orders to do so, the players' lawyers have yet to provide full details of the claims being made against us and therefore we cannot comment on the ongoing legal action, nor reach out to the players directly," the governing bodies added.

"We would want players involved to know that we listen, we care and continue to champion player welfare as the sport's number one priority.

"Players and parents can have confidence that rugby is as safe as a contact sport can be. Rugby will always be led by the latest science when taking any action on player welfare."

Formal proceedings in the case were opened at the High Court in London on June 23.

World Rugby has taken several steps to mitigate the impact of concussion including introducing smart mouthguard technology for head impact assessment and starting trials to lower tackle height in community rugby.

"The whole of rugby cares deeply about all of our current and former players. We will never stand still when it comes to player welfare," the governing bodies added.

-Reuters