Concussed AFL players living with deadly disease launch class action

The AFL, NRL and rugby union are facing their moment of reckoning on the ‘devastating’ damage caused by concussion.

Two-time premiership player for Geelong, Max Rooke, is the lead plaintiff in the landmark law suit Picture: Mike Dugdale

The AFL, NRL and rugby union are facing their moment of reckoning on the “devastating” damage caused by concussion.

That’s the view of leading lawyer Michel Margalit, after her firm lodged a landmark class action at the Supreme Court of Victoria against the AFL.

More than 60 footballers, ­including men in their 30s, are seeking compensation from the AFL for brain injuries allegedly caused by the game.

Ms Margalit, managing principal of Margalit Injury Lawyers, has previously said she believes players could be awarded more than $2m each, plus medical ­expenses. “It’s really time for Australia to join the rest of the world and to take concussion seriously,” she said.

Two-time Geelong premiership player Max Rooke is named as the lead plaintiff. Rooke played 135 AFL games and he has alleged he suffered permanent, life-­altering injuries as a result of concussion-related injuries and due to the negligence of the AFL.

Margalit Injury Lawyers say the class action has been lodged on behalf of all professional AFL players who suffered concussion-­related injuries through head strikes while training or playing between 1985 and March 14 this year. The 60 or so former players are seeking compensation for pain and suffering, economic loss and medical expenses.

A similar class action in the US brought by former NFL players ­resulted in an initial payout of more than $US1bn. “It’s been that long since an NFL class action [the $US1bn settlement in 2014], and yet we ­really haven’t taken the, conscientious, cautious steps forward,” Ms Margalit said. “I think of most concern is the transparency around the research and what is actually being done. This case, along with the Australian government’s parliamentary inquiry into concussion in sports, we hope will really herald the change.”

Ms Margalit said Rooke had taken on the role as the lead plaintiff to “take care” and “represent” the group.

“Max is a very private person, he’s not after a spotlight, he’s doing this for really the right reasons; he’s here to take care of this group of people, and to really represent them in the most ethical and well meaning way,” she said. “Max, as he grows older, started to notice the interference with his cognition. He has taken great steps to look after himself. But he definitely has started to notice those usual symptoms associated with concussion-related brain ­injury being loss of memory, the psychological impacts, the brain fog.”

Last week, in a separate legal ­action, it was announced former Western Bulldogs premiership player Liam Picken was suing the AFL, his former club and club doctors over concussion.

Ms Margalit said the long-term injuries suffered by the former players included neurological ­impairments such as chronic traumatic encephalopathy, traumatic brain injury and dementia. She said many were also experiencing depression, post-traumatic stress disorder and suicidal ideation.

“The injuries suffered by this group of former AFL players, as a direct result of the concussions sustained while playing Aussie rules, has had a devastating impact on their lives and the lives of their loved ones,’’ Ms Margalit said.

“Some of the players who have joined this landmark class action have never been able to hold down a job after leaving the AFL. Their personal lives have been shattered and they live with constant physical and mental pain. It’s heart-breaking and they need to be adequately cared for. They dedicated their lives to the game. Years later, their footy career is a distant memory and they find themselves injured and without the means to care for those injuries. This is despite AFL being one of the biggest economic drivers in the state.

“Justice delayed is justice ­denied. These injured players have waited too long. Now is the time to hold the AFL accountable.”