AFL rocked as footy greats launch unprecedented lawsuit

The AFL has been hit by an unprecedented class action lawsuit with 60 players coming forward with suggestions of a $120 million legal scrap.

Max Rooke and coach Mark Thompson hug after the 2009 premiership win.

The AFL is bracing for its biggest legal battle after 60 players on Tuesday launched unprecedented legal action against the league.

Geelong premiership hero Max Rooke has reportedly been listed as the lead plaintiff in the class action suit that is coming after the AFL for compensation over concussions and head injuries.

The Herald Sun first reported Margalit Injury Lawyers lodged the landmark class action at the Supreme Court of Victoria and the firm’s managing principal Michel Margalit has declared players could be awarded compensation of more than $2 million each plus medical expenses.

Margalit Lawyers has launched the class action on behalf of players employed by one or more AFL clubs between 1985 and 14 March 2023 who either suffered concussion or suffered damage from concussions.

Beyond Rooke is it unclear which other players are involved in the action.

It comes just days after former Western Bulldogs premiership star Liam Picken also filed action against the AFL through the Supreme Court of Victoria. His suit is also seeking compensation from his former club and club doctors over concussions he suffered through his career.

Watch every match of every round of the 2023 Toyota AFL Premiership Season LIVE on Kayo Sports. New to Kayo? Start your free trial now >

The documents filed on Tuesday show Rooke claims he suffered up to 30 concussions during his career where he played 135 games for the Cats, including two grand final victories.

The lawsuit claims Rooke has suffered permanent, life altering injuries due to negligence from the AFL.

The lawsuit comes on the same day the AFL announced it will spend $25 million on a long-term study into the effects of concussion.

Margalit released a statement, saying it is “heartbreaking” seeing the impact of the injuries suffered by the players.

Max Rooke and Olivia Perin on the red carpet.

Max Rooke went on to join the coaching staff of three AFL clubs following his playing retirement.

“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,’’ she 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 heartbreaking 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.”

Max Rooke and former Geelong coach Mark Thompson hug after the grand final win.

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

“The AFL should have taken accountability earlier, rather than these former players having no choice but to seek a remedy for their pain and suffering through the Supreme Court.’’

“Financial compensation can never fix the damage that concussion has caused, but it will be an important step forward in recognition of the damage caused to them. We hope that the AFL will engage in genuine and early resolution discussions, to avoid unnecessarily prolonging the suffering of these former players.’’

Last week Picken’s lawyers claimed he returned several irregular cognitive test results during his career but was not alerted to the fact.

Picken also reportedly suffers from photophobia, or an aversion to bright light.

In documents filed with the Supreme Court of Victoria on Wednesday, and shared by The Daily Mail, Picken claims the club and doctors breached its duty of care to him.

Principal lawyer at National Compensation Lawyers, Michael Tanner told The Age Picken was unaware of the extent of his head injuries.

Liam Picken career came to an end due to concussion, he claims. Picture: Tony Gough

Picken was not the first player to launch legal action as former Collingwood AFLW vice-captain Emma Grant launched a civil lawsuit after a concussion in the 2020 pre-season led to her early retirement.

A class action was revealed last month with Margalit Injury Lawyers claiming the firm had been “inundated” with claims of life-changing head injuries from former players.

“Action should have been taken many, many years ago, not only to change the protocols, to increase education but also to financially support people both once injured but also to deter them so they don’t return to play too early,” Margalit told SEN’s Whateley.

Margalit referred to class actions by former NFL players, who had seen more than $1b paid out in compensation.

“We are looking at the types of compensation that’s been garnered internationally. For the NFL class action in the US, the initial settlements there was close to (USD) $1 billion,” Ms Margalit added.

“That is a very realistic figure in terms of this class action.”

The likes of Danny Frawley, Shane Tuck and Polly Farmer have all been diagnosed with Chronic Traumatic Encephalopathy (CTE) after death.

Originally published as AFL rocked as footy greats launch unprecedented lawsuit