Concussion class action: AFL player’s horror head knocks revealed
A new statement of claim in court case against AFL has detailed sickening knockouts suffered by its lead plaintiff.
Two-time Geelong premiership player Max Rooke’s horror run of concussions has been revealed in a new “disturbing” statement of claim in the current class action against the AFL.
Late on Wednesday, Margalit Injury Lawyers filed a statement of claim to Victoria’s Supreme Court which listed 23 instances in games where Rooke suffered “a significant head knock and/or suffered from, and/or showed symptoms consistent with, concussions, and/or suffered from loss of consciousness”.
The claim says as a result of the AFL’s negligence, Rooke sustained an acquired brain injury and psychiatric injury.
Margalit managing principal Michel Margalit, who has also now submitted WorkCover injury claims on behalf of 30 former players, alleges the AFL were aware of the long-term detrimental effects of concussion and that Rooke’s treatment was “disturbing”. Margalit said they have reviewed hours of footage which shows he was often sent back to play after significant head knocks and went on to suffer subsequent head knocks in the same game.
Rooke is the lead plaintiff in the historic class action against the AFL. Rooke played 135 AFL games and has alleged he suffered permanent, life-altering injuries as a result of concussion-related injuries and due to the negligence of the AFL.
“For the first time in this class action, specific concussions and head knocks suffered by our lead plaintiff, Max Rooke, have been identified and listed and the alleged mismanagement of those concussions by the AFL explained,” Margalit said.
“In preparation for filing the statement of claim, Margalit Injury Lawyers have reviewed countless hours of footage of Max Rooke playing AFL football. The footage was distressing, not only because of the significant number of head knocks suffered by him, but because of the AFL’s clear lack of adequate protocols and protection of AFL players. We observed sickening knockouts suffered by Max, only for him to then be returned to play in the same game.”
The statement of claim says the AFL was aware of the substantial medical and scientific evidence regarding the possible long-term effects of concussion but alleges they failed to put player safety first.
“The statement of claim alleges, amongst other things, that since 1980 it has been recommended that certain contact sports should mandate four weeks of ineligibility after a knockout in order to avoid cumulative effects of injury. The claim alleges that the AFL was aware of the substantial medical and scientific evidence regarding the possible long-term effects of concussion and, instead of taking steps early to protect players, the AFL dragged their feet which has left players with lifelong conditions that they will never recover from.”
The new statement of claim also broadens the definition of “group member” to include the families of those past footballers who have passed away.
“In particular, the claim now incorporates those people who have suffered psychiatric injuries because of the tragic death of a player due to concussion related injuries,” Margalit said.
The landmark legal action against the AFL now has more than 70 former players signed up for the class action including AFL Hall of Famer Gary Ablett. The class action being run by Margalit Injury Lawyers now encompasses all players and their families that were formerly part of a separate class action run by Griffins Lawyers in South Australia. The lead plaintiffs in that case were Katherine Tuck (former AFL footballer Shane Tuck’s widow) and players Jay Shulz and Darren Jarman.
The next step in the case is the AFL’s defence due on February 9.
Margalit also commented on the WorkCover claims and said she will now await a decision of insurers whether they will be accepted.
“It is hoped that the insurers take a pragmatic approach and accept the claims,” Margalit said.
“Margalit Injury Lawyers is now assisting footballers who played between 23 May 1978 to 23 December 1997 to submit workers compensation claims. These former AFL players have never before been advised of this potential source of support by the clubs or the AFL. These entitlements are separate and different to the class action. The potential workers compensation entitlements relate to all injuries, not just concussion injuries. Injuries that might receive compensation include both physical injuries, as well as psychological injuries.
“Footballers injured between 23 May 1978 to 23 December 1997 might be entitled to medical expenses, wage supplements and a lump-sum payment. This entitlement is a very significant revelation for past footballers who often feel that they have been left out in the cold with little to no support after the end of their careers. We have spoken with countless players who require surgery or scans, and simply cannot afford this medical treatment and have nowhere to turn.
Margalit 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.
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 former players are seeking compensation for pain and suffering, economic loss and medical expenses.
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