TWO former Warrington players are among 75 Rugby League players serving a letter of claim on the RFL, saying they suffered brain damage as a result of playing the sport.
Francis Maloney, aged 49 a former England international who played 20 times for Warrington during the 1994-95 season, scoring four tries, has recently announced that he has been diagnosed with early-onset dementia and probable CTE – a similar diagnosis to winger Jason Roach who played for the Wire during the 1998-99 season scoring 21 times in 41 appearances.
This week Rylands Legal will serve a Letter of Claim on behalf of professional and semi-professional rugby league players against the Rugby Football League (the RFL), i.e. the Defendant. The Claimants contend that the Defendant was negligent in failing to take reasonable action to protect players from permanent brain injury caused by repetitive concussive and sub-concussive blows. Many players now suffer from various irreversible neurological impairments, including dementia, CTE (chronic traumatic encephalopathy), post-concussion syndrome, epilepsy, Parkinson’s disease, and motor neurone disease.
The 53 allegations raised by the Claimants include the failure by the Defendant to:
● Allow, sanction, tolerate, and oversee rugby matches that proceeded without any or any proper or appropriate regard for the safety of players as regards head contacts.
● Ensure that a properly qualified individual was in charge of the treatment of head injuries within the sport and the systems, protocols and enforcement that related to the same.
● Improperly, negligently, and unquestioningly rely on the advice of Paul McCrory, who has since been found guilty of multiple counts of plagiarism and gave an undertaking in 2018 to the Australian Health Practitioner Regulation Agency not to perform neurodiagnostic procedures.
● Respond to changes in the intensity and physicality of the game of rugby league over the course of the 1980s and 90s through the adaptation of rules, protocols, guidance, officiating or at all.
● Allow young players from the age of 16 to play professional or semi-professional rugby league with adults in circumstances where they were not fully developed.
● Introduce independent concussion spotters in a timely fashion.
● Institute independent pitch-side medics leading to over-reliance on club medics who are heavily conflicted.
● Be negligently inactive in relation to head and neck injuries, concussions, sub-concussions and long-term neurological harm arising in or from the sport it governed.
Maloney, has recently announced that he has been diagnosed with early onset dementia and probable CTE. This is the same diagnosis as other former players in the litigation who have spoken out publicly, including Bobbie Goulding, Roach and Mickii Edwards.
In total, Rylands Legal represents over 75 rugby league players with brain damage, as well as 220 players in rugby union as part of a separate but similar potential claim against various rugby union governing bodies. They are all already suffering from neurological impairments in their 30s, 40s, 50s and 60s, with some suffering with probable CTE.
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), Peter Jones (rugby union) and Derek Boogaard (NHL).
Richard Boardman of Rylands Legal said, “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. This claim isn’t just about financial compensation; it is also about making the game safer and ensuring current and former players get tested so that if they are suffering a brain injury, they can get the clinical help they need. 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.”
The RFL has released a statement saying it “takes player safety and welfare extremely seriously, and it has been desperately sad to hear of any players’ difficulties.”
“Rugby League is a contact sport and, while there is an element of risk to playing any sport, player welfare is always of paramount importance,” it added.
“As a result of scientific knowledge, the sport of rugby league continues to improve and develop its approach to concussion, head injury assessment, education, management and prevention across the whole game.
“We will continue to use medical evidence and research to reinforce and enhance our approach.
“Support to former professional players is always available from rugby league’s charity partner RL Cares.”
Jason Roach – Picture Eddie Whitham
