AFL Hit by Class Action Lawsuit

TwinTurbo

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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.
https://www.news.com.au/sport/afl/a...e/news-story/6b14fb1013ea3e956c2590419b7c3e2c

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 reports 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.
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.

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

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.”

“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.

The AFL doubled its concussion stand down policy from six days in 2020 to 12 in 2021, but it has long come under scrutiny.
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 Margalit 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.



This has been brewing for some time and the NRL has been briefed several times.


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Moedogg

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Inevitable that the NRLs day will come. One massive lawsuit and NRL will go under.
 

B-Train

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There may be a settlement of some kind for the players in the AFL and NRL, but it's much more of a doomsday scenario being reported than what will actually happen.

When you factor in that the players knowingly participate in a violent sport where concussions are common, sign waivers etc and the NRL and AFL have done more in the last several years than ever before to help identify and treat concussions with rule changes and changes to Interchange rules.. Then after all of that, they don't have much of a case unless they can prove absolute negligence on the leagues part. Which will be near impossible.

The only parties who will truly profit from this are the lawyers and the media who will sensationalise this to no end..
 

Freakzilla

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They chose to play the game. No one made them play.
 

Powerslide

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I think they are going after cover-ups and knowingly held information from the player.

I would think they'd have to prove a conspiracy though, based on these players memories of not being told, seems like a fools errand.

Maybe its the NRL and AFL that are behind the increase of paper shredder sales, and document destruction companies.
 

SPEARTAKVIDREFS

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Are 80 year olds going to go and sue former holden execs for for neck injuries supposedly sustained in car accidents before holden started fitting seat belts?
 

TwinTurbo

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Didn't the NRL take long to react.



ARLC approves changes to head injury protocols
AuthorNRL Media Release
TimestampWed 15 Mar 2023, 01:38 PM


The Australian Rugby League Commission (ARLC) has approved changes to the NRL’s head injury protocols, including the introduction of a mandatory 11-day stand-down following a diagnosed concussion.
The Commission approved the new stand-down procedure following a review of the data and advice from a range of experts.

The new requirement, which applies to concussions diagnosed both at training and during games, will take effect from Thursday 16 March 2023 being the commencement of Round 3.
ARLC Chairman Peter V’landys AM said: “There is no greater priority for us than player safety. It’s front and centre of everything we do.
“Our current head injury protocols are exceptionally strong. Following a review of the data and the expert advice we have received, the Commission have enhanced these protocols even further by providing a mandatory 11 day stand down period following a diagnosed concussion.”
In exceptional circumstances, Clubs will have the ability to apply for exemption to the 11-day stand-down period, through a review by an independent neurological expert appointed by the NRL. This application will only be allowable where the following set criteria are met:

  • Category 1 signs/symptoms are not observed
  • The player is asymptomatic the day following the concussion
  • Cognitive testing has returned to normal
  • The player has suffered fewer than five previous career concussions
  • The player has no previously diagnosed concussions within the previous three months
  • The player has no history of a previous concussion with prolonged recovery
The Commission will continue to procure the best scientific information from experts in the field. Further, the Commission will continue to monitor the latest technologies including blood and saliva testing as a tool for diagnosing concussion and continue to implement programs such as tackle technique education and tools to further prevent injuries. Player welfare is and will always be the number one priority.



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HD and Ink

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They chose to play the game. No one made them play.
Real hard in a body contact sport, do we chuck in Union, boxing, MMA and however many other can get a blow to the head.

Stuff is trying to be done about it its not the old days sports are trying to reduce the impact but its gonna happen in a body contact sport.
 

Nasheed

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Nasheed here,
I knew this would be about head.

we just don’t know enough and we do what we gotta. People have been playing league and Union and afl for all our lifetimes
Not just the professionals but there are so many players out there so have played 400+ games amateurly.

like when Mario Fenech (ex crushers player onthe footy show) started getting dementia and everyone assumes it was because he kept getting concusssied.
But other peopel get dementia. My neighbour Bilals got it last year and he doesn’t play footy. What about Bruce Willis?
Can’t sue for what you don’t know and it’s disloyal to the game they they love and made them in soem cases.
 

Nasheed

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Inevitable that the NRLs day will come. One massive lawsuit and NRL will go under.
Yet in the other thread Pepe saying the dogs club will never die no matter what
 

Kelpie03

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Every complaint and any talk of law suite, arn't going to do the game any good.
 

SPEARTAKVIDREFS

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Every complaint and any talk of law suite, arn't going to do the game any good.
Is what it is now.
My understanding is there is data now that cannot be ignored whereas years ago there wasnt.
The NRL now has to protect players. If not lawsuits will be the end of the game.
NRL is a collision sport. Penalizing players wont stop head knocks.
I feel there is no other option moving forward than to change the game.
What that looks like I dont know.
 

TwinTurbo

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I know that forwards are more likely to get head knocks than backs, which is hardly surprising, but what are the statistics on head knocks in attack and head knocks in defence?


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