Steve Thompson doesn't remember playing in the 2003 World Cup that helped England win. Photo: Action Images/Andrew Budd
A lawsuit representing 169 former professional players accused rugby union authorities in the High Court on Friday of a “terrible failure” in concussion protocols.
Several of the players involved, including 2003 World Cup winner Steve Thompson, are suffering from symptoms of dementia praecox, which they believe was caused by a concussion during their rugby career.
A similar lawsuit in the US resulted in the NFL paying over £665m to former players.
Two and a half years after the likes of Thompson first reported his condition — he testified that he could not remember playing in the 2003 World Cup final — the first lawsuits were heard in a management hearing brought by against World Rugby, the Rugby Football Union and the Welsh Rugby Union, who deny the allegations.
They have previously stated that they were “driven by a passion to protect our players” and followed the science.
Original Arguments at 76 Crown Courts. , were focused on disclosure, the exchange of requested documents.
Susan Rodway, KC, an attorney representing the players, compared the request for historical security records to “an uphill battle over blood from a stone.”
Meanwhile, the World Rugby unions, as well as the unions in England and Wales, have not yet received any medical records from the defendants, despite the claim that all 169 players have evidence of brain damage.
Thompson has been open about his struggle with early dementia. Credit & Copyright: Guzelian/Mark Pinder
In their skeletal argument, the plaintiffs denounced the refusal of the rugby authorities to release their historical concussion and safety records. The statement stated: “The applicants therefore suspect that this is a case where there has been a flagrant failure of documentation or recording systems, protocols, reviews, medical records, game records, or commissioned medical and scientific studies to support any decision. controls related to player safety priority.
“The obfuscation relied upon by the defendants regarding disclosure leads inexorably to a reasonable suspicion that there is nothing to disclose and that the game of rugby was a gladiatorial contest with an emphasis on a purely reactive attitude towards health and safety issues. .”
However, the plaintiffs' request for full disclosure was denied by Judge Fontaine on the grounds that it was too broad and covered decades of documents. Instead, World Rugby must publish the historical evolution of Rule 10 regarding concussion management by 13 October, by which time applicants must submit “thumbnails” or medical records of all their players.
Rylands Garth. , representing the players, has indicated that it then intends to apply for a class action court order against the rugby authorities, which it will combine with the 66 amateur players' lawsuit, which has yet to be served.
The Rylands also requested anonymity for 150 of 169 professional players due to “suicidal tendencies” associated with head injuries. They also suggested that their clients could be ostracized in smaller communities where rugby union is considered the “Holy Grail”. The request for anonymity has been deferred.
Another preliminary hearing is likely to take place towards the end of this year, when a decision will be made on anonymity as well as on costs.
The Rylands also indicated that separate lawsuits would be brought against former rugby league players and footballers, and the rugby union case would be “procedural”.
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