Third-party litigation funders to bankroll Federal Court concussion damages class action against AFL

Third-party litigation funders could bankroll a concussion class action legal battle against the AFL with as many as 100 former players battling post-career impairments joining the fight.

A concussed John Platten is taken back to the Hawthorn rooms.

A concussion damages action against the AFL is set to be bankrolled by third-party litigation funders.

Lead lawyer Greg Griffin confirmed private backers were considering funding a proposed multimillion-dollar Federal Court stoush involving up to 100 ex-players.

Litigation funders carry the burden of an adverse finding but are entitled to about 30 per cent of total damages awarded to plaintiffs.

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“It’s looking positive but it’s an ongoing process,” Griffin told the Herald Sun.

“Once that’s in place then we can get on with it. We’re working towards filing documents within six months of that.”

The concussion claim - based on a successful damages action mounted by NFL players in the US - will involve five lead plaintiffs and multiple past AFL players battling neurological impairments linked to head knocks.

A concussed John Platten is taken back to the Hawthorn rooms.

Former Essendon and Geelong ruckman John Barnes and wife Rowena. Picture: Michael Klein

Brownlow champ and concussion casualty John Platten, former Essendon and Geelong ruckman John Barnes and retired Melbourne and North Melbourne high-flyer Shaun Smith have already committed as plaintiffs.

Asked how many other players would join the case, Griffin said: “It’s between 80 and 100, but quite frankly that’s conservative. When wives and partners start seeing this, they’re going to look at their husband or partner and say: ‘Why do you think you’re not a part of this?’

“There are a lot of challenging aspects of this case, but one of them is speaking to the partners of the players. You can actually see that everyone is affected by this.

“The AFL have an army of damaged ex-footballers that they have to account to.”

Smith’s post-career life has been cruelled by brain lesions, depression and memory loss.

Barnes suffers from epilepsy, memory loss and mood swings, while Platten fears he is experiencing the early effects of Alzheimer’s disease.

Liam Picken hasn’t played since being concussed early last year. Picture: Michael Klein

David Swallow is caught after being concussed during a game.

The case is being led by Griffin, a South Australian commercial lawyer, and veteran player agent and concussion campaigner Peter Jess.

Top US concussion expert Chris Nowinski, co-founder and executive director of the Concussion Legacy Foundation in Boston, last year accused AFL affiliated doctors questioning the link between head knocks and mental health of using “the same lines we heard from big tobacco and the people defending the asbestos industry”.

“Our experience in America has been that the professional sports league will deny that there’s a problem because of the legal liability of admitting there’s a problem and having to pay for the long-term care of the players,” Nowinski told the Herald Sun.

“But once they settle the lawsuit they are able to speak more honestly about the problem. The NFL did that, they denied it in the face of overwhelming evidence until 2016 when the ink was drying on the settlement.”

Originally published as Third-party litigation funders to bankroll Federal Court concussion damages class action against AFL