Liam Picken sues Western Bulldogs, AFL and club doctors

Western Bulldogs Premiership hero Liam Picken has launched legal action, claiming he was allowed to keep playing footy despite concerns about concussion symptoms.

Liam Picken’s career with the Bulldogs came to a sudden end due to the effects of concussion. Picture: Tony Gough

Bulldogs Premiership hero Liam Picken is suing the AFL and his team, claiming he was not told about cognitive impairments and was still sent out to play for years.

Picken, a star of the Dogs’ march to the 2016 flag, has launched action in the Supreme Court.

In a writ lodged with the court on Wednesday, Picken’s legal team alleges he was never sent for expert help and was allowed to keep playing even though he repeatedly flagged concerns about concussion symptoms.

In the claim, it is alleged the Bulldogs let him play on despite Picken having returned below-average cognitive test results from 2014.

Picken was a key player for the Bulldogs in their 2016 Premiership. Picture: Mark Stewart

Michael Tanner, principal at National Compensation Lawyers which is representing Picken, told the Herald Sun the Bulldogs and AFL should have recognised the extent of Picken’s injuries.

“The club knew or ought to have known that he was cognitively impaired and they failed to properly provide reasonable care and treatment and management of those injuries,” he said.

“The allegations against the AFL are that it is a regulator of the league and they have rules and regulations for which the clubs are to abide by.

“They knew or ought to have known of Liam’s injuries and failed to mitigate that risk.”

Picken is suing the league, the Bulldogs and club doctors Gary Zimmerman and Jacob Landsberger, claiming they were negligent and failed in their duty of care.

It’s alleged the Bulldogs let Picken play on despite his below-average cognitive test results. Picture: Tony Gough

Picken says he is still suffering the ongoing impacts of his injuries including photophobia – discomfort in bright light.

Mr Tanner said they would allege that the “greater good of the game” was put ahead of their client’s health.

Picken, 36, has pledged to donate his brain in hopes of aiding research into chronic traumatic encephalopathy (CTE), a progressive degenerative brain disease found in people with a history of repetitive head injuries.

In April 2019, after several comeback attempts, Picken retired from professional football due to concussion issues.

He had played 198 games in nine years with the Bulldogs.

The league issued a statement last night saying: “The AFL has not been contacted by a law firm and has not received formal notification regarding any action on this matter.

“The health and safety of players at all levels of the game is the AFL’s key priority and we take concussion and the protection of the brain health of all those playing our game extremely seriously.”

The Herald Sun last month revealed a landmark class action against the AFL was being prepared by former footballers suffering the effect of concussion injuries.

In an Australian first, Melbourne firm Margalit Injury Lawyers is bringing the action in the Supreme Court, saying: “It is time for the AFL to be held accountable.”

Managing principal Michel Margalit believes severely injured ex-players with the brain disease CTE and other related injuries could be awarded compensation of more than $2m each, plus medical expenses.