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Dual premiership player Max Rooke claims he sustained dozens of head knocks, concussions

Former Geelong player Max Rooke has claimed he suffered dozens of “sickening” head knocks or concussions and was sent back on the ground to play during his AFL career, court documents reveal.

AFL faces landmark concussion lawsuit from over 60 players

Former Geelong champion player Max Rooke says he suffered at least 23 significant head knocks or concussions in his senior AFL matches as well as additional head knocks and concussions at training and pre-season matches in a new statement of claims lodged in the Supreme Court on Wednesday.

The dual premiership player is the lead plaintiff in a landmark class action against the AFL that was filed by Melbourne firm Margalit Injury Lawyers in March.

According to the court documents, the claims will now include the families of past footballers who have died and people who have suffered psychiatric injuries because of the tragic death of a player due to concussion related injuries.

The group, now numbering more than 70, will now cover all players and their families who were formerly part of the class action run by Griffins Lawyers in South Australia.

For the first time, the new claim lists Rooke’s 23 alleged head knocks or concussions during his playing career, some of which happened multiple times in the same game.

The former gritty utility player details receiving the first concussion in the early days of his playing career in March 2002.

The new claim also explains the alleged mismanagement of those concussions by the AFL.

Managing Principal Michel Margalit said to prepare for filing the new statement of claim, Margalit Injury Lawyers reviewed “countless hours of footage” of Rooke playing senior football.

Max Rooke is the lead plaintiff of a class action lodged against the AFL for life-altering injuries he claims he sustained as a result of concussion. Picture: Jason Edwards
Max Rooke is the lead plaintiff of a class action lodged against the AFL for life-altering injuries he claims he sustained as a result of concussion. Picture: Jason Edwards
Max Rooke has set out how common his head knocks and concussions were during his career in new court docuemnts.
Max Rooke has set out how common his head knocks and concussions were during his career in new court docuemnts.

She said the footage was distressing, not only because of the significant number of head knocks suffered by Rooke, but because of what Ms Margalit alleges is the AFL’s clear lack of adequate protocols and protection of AFL players.

“We observed sickening knock outs suffered by Max, only for him to then be returned to play in the same game,” she said.

“What really surprised us was the response of the management of those heads knocks.

“There has just been a complete disregard for what has been clear recommendations and guidelines for protecting players by respected medical authorities. What we observed, right up until this year, was the lack of enforcement.”

Ms Margalit says policies, protocols and procedures are meaningless unless there is meaningful, effective enforcement.

“It has only been under enormous pressure that we have started to see this meaningful enforcement take place,” she said.

This latest claim lists Rooke’s multiple heads knocks including details of a head knock twice in the first quarter of an elimination final on 3 September 2005 and twice in the third and fourth quarters of a game played on 8 April 2006.

In a preliminary final in September 2007 the claim alleges Rooke received a head knock or concussion twice in the first quarter.

It also alleges the AFL failed to implement reasonable precautions, “including by failing to create and enforce relevant AFL Competition wide rules, protocols, guidelines and procedures applicable to AFL players and Clubs”.

The AFL’s defence is due on 9 February 2024 with the case listed for a case management conference before the Court 14 March 2024.

Separately, Margalit Injury Lawyers says it is advising ex-players of a potential source of support by the clubs or the AFL through workers compensation claims.

This is a first, and is for those who played from 23 May 1978 to 23 December 1997.

Margalit Injury Lawyers says the potential workers compensation entitlements relate to all injuries and players may be eligible for compensation for physical as well as psychological injuries.

AFL spokesperson Jay Allen said the AFL acknowledged it received a statement of claim on Wednesday and now has until 9 February to formally respond.

“The AFL prioritises the health and safety of players at all levels of the game and takes concussion and the protection of the brain health of all those playing our game extremely seriously,” he said.

“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.”

Originally published as Dual premiership player Max Rooke claims he sustained dozens of head knocks, concussions

Original URL: https://www.thechronicle.com.au/news/victoria/dual-premiership-player-max-rooke-claims-he-sustained-dozens-of-head-knocks-concussions/news-story/7ef15a084485c5ec22f2f96441d060e2