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Former AFL star Shaun Smith backs legal fight

As a new legal threat looms for the AFL — one former star says the game must do more to protect players.

Former Melbourne start Shaun Smith at home. Picture: Alex Coppel.
Former Melbourne start Shaun Smith at home. Picture: Alex Coppel.

Former Melbourne Demons star Shaun Smith has thrown his support behind a group of AFL and AFLW players preparing legal action for a landmark class action against the code for the alleged mishandling of concussion injuries.

Smith, who three years ago was paid just over $1.4m after his insurance company found he was “totally and permanently disabled” from the brain injuries acquired during his career, said the latest attempt at legal action was a reminder that the AFL must make the game safer.

“There’s a lot of broken players out there, and now there’s a lot of young, broken players, too,” Smith said. “The AFL may say they’re doing a wonderful job with concussion — but I believe they’re doing a terrible job with concussion.”

On Monday, in an Australian first, Melbourne firm Margalit Injury Lawyers said it is bringing action in the Supreme Court against the league, stating: “It is time for the AFL to be held accountable.”

Managing principal Michel Margalit told News Corp she believed severely injured ex-players with the brain disease chronic traumatic encephalopathy (CTE) and other related injuries could be compensated more than $2m each, plus medical expenses.

Margalit said 30 former AFL and AFLW players were “ready and willing to go” and that her firm was receiving calls daily from former players.

Smith, who had spoken with numerous former AFL footballers who believe they are struggling because of head injuries, including one who wanted to take his own life, said he was glad the issue was back in the spotlight.

Smith, who took the mark of the century during his career, said the first move the league could make would be to lift the concussion stand-down period up to at least two weeks.

“Basically, players miss just a week, they’ve made it just 12 days. We know guys who come back after a concussion, after just one week’s rest, they’re putting themselves in harm’s way,” he said.

Leading neurologists like Dr Rowena Mobbs, who recently gave evidence at an Australian government inquiry into concussion, stipulated that athletes who have suffered a concussion should be rested for at least four weeks.

Smith, who played professionally for 11 years, said he was happy the issue was being spoken about again.

“Even if the class action doesn’t go ahead, we need to keep the conversation going and discuss ways to make the game safer for those who play it,” Smith said.

Jessica Halloran
Jessica HalloranChief Sports Writer

Jessica Halloran is a Walkley award-winning sports writer. She has been covering sport for two decades and has reported from Olympic Games, world swimming and athletics championships, the rugby World Cup as well as the AFL and NRL finals series. In 2017 she wrote Jelena Dokic’s biography Unbreakable which went on to become a bestseller.

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Original URL: https://www.theaustralian.com.au/sport/former-afl-star-shaun-smith-backs-legal-fight/news-story/dcfc5c52da0ade35ea59838716175a8c