AFL concussion class action ‘highly likely to be successful’, according to letter written by legal firm at centre of case

A letter written to former players by the law firm filing a class action against the AFL outlines confidence of victory, writes DANIEL CHERNY.

Max Rooke is attended to after a heavy knock during his career at Geelong.

A group of former AFL players who have joined a concussion class action against the league have been told their case is “highly likely to be successful” by the law firm running the case.

Margalit Injury Lawyers last week lodged a Supreme Court writ against the AFL alleging that the league breached its duty of care to players by being negligent and exposing them to unnecessary risk of harm arising from concussion.

Dual Geelong premiership player Max Rooke is the lead plaintiff in the action, with an undisclosed number of players keen to be involved in the claim, which Margalit is running on a ‘no win no fee’ basis.

In a letter written by the firm’s managing principal Michel Margalit last week, prospective claimants were told that the organisation is very optimistic about its potential success in court.

“We are confident that the case is highly likely to be successful,” Margalit wrote in the letter, which has been seen by CODE Sports.

“We have engaged some of the leading medical concussion experts in Australia who are extremely eager to support and assist us. Overall, the case has garnered overwhelming support from the public at large.”

The letter also outlines Margalit’s claims as an independent operator.

“Our firm are experts in Victorian injury law and Victorian civil procedure. We are experienced in the running of class actions in the Supreme Court of Victoria,” the letter says.

“We have no association with the AFL or any other sporting club, organisation or individual. We believe this makes us truly independent and the right firm to fight on your behalf.”

A second potential concussion class action is also in the works, with South Australian lawyer Greg Griffin and veteran player agent and concussion campaigner Peter Jess working on a case featuring Adelaide premiership great Darren Jarman with former Crows and Port Adelaide player David Brown the lead plaintiff.

Former Crows David Brown and Darren Jarman are involved in a potential second concussion class action case.

Western Bulldogs premiership hero Liam Picken has launched his own proceedings against the AFL, his former club and club doctors, while ex-Collingwood AFLW player Emma Grant is also taking action against her old club.

The AFL issued a statement following the revelations of the class action last week outlining the steps it had taken to protect players’ brain health. The AFL said:

“The health and safety of players at all levels of the game is the AFL’s key priority and the AFL takes concussion and the protection of the brain health of all those playing our game extremely seriously. The AFL has made more than 30 changes to tribunal guidelines and on-field rules over the past two decades to further protect the head and annually updates the concussion guidelines to improve the response to head knocks in our game in accordance with current and evolving science.

“The AFL has a team of people working specifically on brain health initiatives with further appointments to shortly be made and we continue to strengthen protocols and the education of clubs and players as to why this issue is taken so seriously.

“The AFL concussion guidelines for the elite game, where players that are diagnosed with concussion must pass the 11-steps of the return to play protocol of over a minimum of 12 days in order to be medically cleared to return to play. If players experience symptoms at any stage, they must return to the previous stage until they are symptom-free.

“The AFL have been working for a year towards a dedicated hardship fund in relation to concussion to provide increased financial and other assistance to those players who suffered a serious injury in the course of their AFL or AFLW careers who are in need, on top of the existing assistance that is currently available under the current CBA funded injury & hardship fund which the AFLPA administers.”

Originally published as AFL concussion class action ‘highly likely to be successful’, according to letter written by legal firm at centre of case