Rugby union chiefs will today be hit by a concussion lawsuit taken on behalf of nearly 200 players with brain damage. Rylands Legal has issued proceedings on behalf of professional and semi-pro players against World Rugby, the Rugby Football Union and Welsh Rugby Union.
The claimants include 2003 World Cup winner Steve Thompson and former Wales captain Ryan Jones, who have been diagnosed with early onset dementia and probable chronic traumatic encephalopathy (CTE) at the age of 41. Other former players such as ex-England hooker Thompson, Dan Scarbrough, Carl Hayman, Neil Clark, Jason Hobson, Lenny Woodard, Neil Spence and Michael Lipman have all come forward.
Wales Online understands the number of former Welsh professionals involved to be around 50 and all of the players involved in the action are in their 30s, 40s and 50s. The threat of this claim, which could have severe consequences for a cash-strapped sport, has hung over rugby since December 2020 when Thompson first revealed his diagnosis.
He and his fellow claimants contend that the authorities named were negligent in failing to take reasonable action to protect them from permanent injury caused by repetitive concussive and sub-concussive blows. The governing bodies are further accused of failing to:
- Take any “proper” steps as the game turned pro to “respond to a disregard for player safety and brain health at the club and international level”.
- Take adequate steps to inform, educate or warn about the risks of permanent brain damage.
- Reduce the amount of contact allowed in training and the number of matches per season and the number of matches per season/year.
- Keep or extend the mandatory 21-day stand down period after a concussion, instead of reducing it.
- Seek or follow expert medical or other advice available to them with regard to the risk of permanent brain injury.
- Act on the knowledge that concussions often have delayed presentation and that the 5 or 10-minute assessments introduced during a match were wholly inadequate.
- Devise and implement rules to limit the number of substitutions of non-injured players and thereby reduce the risk to players of heavy collisions.
A spokesman said: “This claim isn’t just about financial compensation; it is also about making the game safer and ensuring current and former players get tested so that if they are suffering a brain injury they can get the clinical help they need.
“The players we represent love the game. We aim to challenge the current perceptions of the governing bodies, to reach a point where they accept the connection between repetitive blows to the head and permanent neurological injury and to take steps to protect players and support those who are injured.”
Rylands represents over 185 rugby union players with brain damage, as well as 75 players in rugby league as part of a separate potential claim. Those 185 players, professional and semi-professional, are moving ahead with their legal action this week. WalesOnline understands that a claim involving amateur players and women will proceed at a later date.
