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NRL set to be hit with concussion class action by major law firms

The NRL’s handling of concussion is set to come under further scrutiny after two major law firms announced they are planning to launch a class action suit involving more than 20 rugby league players.

Dave Riccio explains the discovery of head trauma disease in former NRL players' brains

More than 20 rugby league players are participating in a potential class action against the NRL over its protection of players from concussion.

In an extraordinary development for the code, Sydney-based law firms Bannister Law & Cahill Lawyers have been conducting joint investigations into incidents of player concussion over the past 12-months.

The investigation includes determining whether the rules of the game did not take or implement reasonable precautions to protect player safety from concussion.

They are also exploring the causes of post-retirement medical issues among numerous former NRL players.

They also claim, “many of the symptoms experienced by these players are consistent with CTE.”

Moses Mbye leaves the field for a HIA during the Round 15 NRL match between the Wests Tigers and the South Sydney Rabbitohs.
Moses Mbye leaves the field for a HIA during the Round 15 NRL match between the Wests Tigers and the South Sydney Rabbitohs.

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CTE — Chronic Traumatic Encephalopathy — is the brain trauma disease which was diagnosed for the first time in two former rugby league players by Doctor Michael Buckland last week.

Cahill Lawyers director Tom Cahill told The Daily Telegraph, the two firms were looking at “the structures that have evolved within the NRL through the progression of the game, mean that we are looking at the clubs’ and associations’ liability for what are, we will allege, reasonably preventable brain injuries.”

The left image shows a normal brain scan and middle and right images show scans of US football players suspected to be suffering from CTE. Picture: UCLA
The left image shows a normal brain scan and middle and right images show scans of US football players suspected to be suffering from CTE. Picture: UCLA

“At the moment you’ve got (concussion) protocols which have been tightened in recent times, but we can’t forget that going back, 20, 30 years, even 10 years, you had a different regime of which people were playing under,’’ Cahill said.

“So we’ve been looking at that over the last 12-months.

“I’ve spoken to many players and I’ve kept in contact with them throughout the past 12-months. I won’t say how many, but it’s more than 20.’’

“Once we get a number of players, it will be a matter of getting various people medically examined and getting the results of those examinations.

“And then we’ll be considering commencing that claim.’’

The NRL declined to comment on any potential law suit.

The code has maintained a consistent stance that the NRL’s concussion protocols are based on global best-practice.

It’s a position which is supported by a plan to attend an annual concussion summit with medical representatives from the governing bodies of 10 different contact and collision sports from around the world.

The NRL is a principle member of the International Collision Sports group which has met in Dublin (2017), London (2018) and will meet in Stockholm later this year.

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Original URL: https://www.dailytelegraph.com.au/sport/nrl/nrl-set-to-be-hit-with-concussion-class-action-by-major-law-firms/news-story/9c7fe8185364378a2b205d8ca640a767