Recent litigation about head injuries in rugby could well have implications for amateur and schools rugby
If you play, watch or have children playing rugby, you may have read recent news coverage about former players taking legal action against the sport’s governing bodies. Some of this coverage is very legal and technical, while other coverage may miss some of the important legal points in play or the wider context. Here’s a summary, therefore, of the key points you need to know in this developing story.
The claims by the players
The case is being brought by a number of former professional players, including Steve Thompson, England’s World Cup winning hooker and Alix Popham, a former Wales flanker, both of them in their early 40s. Both have recently been diagnosed with early onset dementia and allege they suffered brain damage as a result of playing rugby.
Richard Boardman, the lawyer representing them, says the brain injury resulted from a number of sub-concussions sustained in each match: “The bottom line in the case of Alix is that he had to make around 50 head contacts a game, in tackles, rucks and mauls but it does not have to be concussive because those gentle dings in the head add up. These guys are retiring with hundreds of thousands of sub-concussions.”
The players allege that rugby’s governing bodies had a duty of care to them to protect them from long term mental impairment.
The impacts on rugby
All the current signs suggest the governing bodies will defend themselves vigorously against any claims and this case will be protracted. But while we won’t know the outcome of the case for some time, there is already significant debate in the rugby world about whether the game is safe and what needs to be done to make it safer – without neutralising its appeal to fans and players.
Measures are already being considered to alter the players’ training regime to reduce the risk of exposure to big hits and the workload of the top players is to be reviewed. But the more pressing question for many people is, what does this mean for amateur club and schools rugby?
"Players and parents should insist on appropriate protocols to minimise the risk of head injuries and diagnose them as soon as possible."
What can be done already
The outcome of the litigation could well have significant implications for the sport at all levels and we will keep you informed on this. In the meantime, players and parents should insist that clubs and schools:
- Have appropriate protocols in place to minimise the risk of head injuries and diagnose injuries as early as possible.
- Ensure all personnel in the club or school understand when and how to use these protocols and apply them quickly and correctly in both training and matches.
- Make players of all ages aware of the protocols and other issues here.
If you think this issue applies to you, for example, you have been involved in a situation where protocols were not in operation or were not followed, we would be happy to discuss it further.
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