Risk of head injuries known for decades, say Rugby League players suing governing bodies

More than 120 former Rugby League players say officials who ran the sport knew about the long-term dangers of a concussion for more than a century.

The link between repetitive blows to the head and permanent brain injury, the group claims, was first established in the 1890s.

The players are suing the Rugby Football League, the Amateur Rugby League Association, and the International Rugby League.

They accuse the governing bodies of “failing to take reasonable care for the safety of its players” given the evidence available.

The detailed allegations are listed in a 'particulars of claim’ document, as part of a High Court action that has been seen by ITV News.

The claim lists a catalogue of “evidence, reporting and recognition” of the proliferation of concussion and head injuries in Rugby league.

The first report cited was published in the Yorkshire Post in 1909 and there are many more examples highlighted in the subsequent decades.

In 1985, the Rugby Football Union’s official journal 'Rugby World and Post' noted that “in recent years there has been increasing concern amongst involved medical workers who see the long-term effects, that concussion is one of the most serious injuries that can be sustained by any participants in sport.”

Rugby League, the claim argues, “was known to be the most aggressive and physical code of rugby”. It points out that in an average game the ball is in play for twice as long as in a game of rugby union and there are many more collisions.

The players also accuse the governing bodies of relying on research and medical advice from those with close relationships to the sport who could not be considered independent.

In part, the claim is referring to the now discredited Doctor Paul McCrory who for many years played down the long-term effects of repetitive head injuries.

The players accuse those in charge of running Rugby League of “improperly, negligently and without question relying on the advice of Dr McCrory, who has since been shown by amongst other the British Medical Journal, to have committed misconduct including plagiarism, duplicate publication, misquotation and misrepresentation.”

Dr McCrory once chaired the influential Concussion in Sport Group (CISG). The claim alleges that at the time, the group ignored key evidence:

“The CISG was clearly and unduly influenced by a small number of self- interested persons and bodies and had summarily ignored without basis all of the well- established respected and peer reviewed medical and academic literature in this field.”

ITV News has attempted to contact Dr McCrory for comment.

Former Wales and Oldham winger Mickii Edwards played 12 seasons of Rugby League and is part of the group action. Two years ago, aged 48, he was diagnosed with dementia.

Since then, Edwards says, he has received no support: ‘‘There’s no after care, I’ve not spoken to anyone. I can’t get an NHS appointment, so no scans, no psychology, I don’t know if I’ve got worse.”

“It’s a money game” he says. “No one wants to take responsibility. We were like lambs to the slaughter – the evidence is overwhelming.”

Edwards remembers his club debut: “Within 10 minutes I’d broken my nose and cheekbone. I played on. I then had to take myself to the hospital for a scan and I was playing again a week later.”

He doesn’t blame the club, saying: “That was the culture at the time”.

But Edwards does allege that the people at the top of Rugby League knew about the potential long-term dangers and “buried their heads in the sand.”

“Nobody ever said anything about the impact of head injuries. I should have been warned that this is what could happen. These are the risks. Then I could make my own decision.”

He’s joined the legal case in an attempt to secure a safer future for today’s generation of Rugby League players. Edwards says a lot of teammates and opposition players of his generation are really struggling.

And it’s not just the lack of aftercare - some of those former players who’ve made their condition public and revealed they’re part of the action have been targeted for online hate, mainly from fans who accuse them of trying to destroy the game.

Other allegations set out in the ‘particulars of the claim’ directed at Rugby League’s governing bodies, include:

• 2010 RFL guidance included allowing a player who lost consciousness for less than a minute to return to play on the same day.

• Falling below the standard of a reasonably competent and prudent governing body in failing to take reasonable care for the safety of its players in light of the knowledge it had or ought to have had.

• Failing to address the obvious hazard relating to the likelihood of long-term neurological injury arising due to concussive or sub-concussive blows to the head.

• Failing to respond to changes in the intensity and physicality of the game of rugby league over the course of the 1980s and 1990s.

• Allowing players to play and/or train when it was not safe for them to do so in light of suspected or diagnosed head injuries.

• Failing to institute independent pitch-side medics leading to over-reliance on club medics and coaches or other club representatives who were heavily conflicted, and in the case of the latter two, had no medical qualifications.

The particulars of claim also argues that if the sport had not breached its duty of care, players would have suffered fewer head injuries, had more time to recover from violent blows and received better treatment and advice about the long-term risks to their health.

Almost 300 Rugby Union players are pursuing a separate but similar legal battle against their sports’ governing bodies. That claim includes World Cup winner Steve Thompson and former Wales captain Ryan Jones.

Former professional football players and their families have also lodged a claim in the High Court.

Last week, prompted by Damian Collins MP, the Sports Minister Stuart Andrew agreed to a meeting with families of the footballers affected, to discuss financial support.

Mr Andrew also committed to arranging a meeting with the Professional Footballers Association, the Premier League, The FA and English Football League to assess exactly what ongoing support will be made available.

A High Court hearing is scheduled next month which is expected to rule on whether to allow the cases being brought by former Rugby League and Rugby Union players to be heard as group actions, instead of hundreds of separate claims.

In a statement, the Rugby Football League said: “The RFL takes player safety and welfare extremely seriously, and it has been desperately sad to hear of any players' difficulties.

Rugby League is a contact sport and, while there is an element of risk to playing any sport, player welfare is always of paramount importance.

As a result of scientific knowledge, the sport of Rugby League continues to improve and develop its approach to concussion, head injury assessment, education, management, and prevention across the whole game.

We will continue to use medical evidence and research to reinforce and enhance our approach.

Support to former professional players is always available from rugby league's charity partner RL Cares."

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