Rugby facing 'epidemic' as governing bodies accused of knowing impact of head injuries for 'decades'
Last weekend, the identity of almost 300 rugby players suing World Rugby, the RFU and the Welsh Rugby Union were revealed.
Among them are more than 70 Welsh players including household names like Gavin Henson, Ryan Jones, Colin Charvis and Dafydd James.
Speaking to ITV Wales, the solicitor leading the players' case - Richard Boardman of Rylands Garth - laid out their position.
He said: "We're saying that the sport's governing bodies that they played under had a duty of care towards them in respect of the concussions and sub-concussive blows that they were suffering and they were in breach of that duty.
"That has resulted in a multitude of neurological impairments, including motor neurone disease, dementia, chronic traumatic encephalopathy (CTE), Parkinson's disease, epilepsy, persistent post-concussion syndrome and so on."
When asked if they believe the governing bodies themselves were aware of the risks, Boardman alleged: "It's our position that they were aware going back many decades and they have negligently failed to act on that. That's why there are so many players now struggling."
This claim is strongly rejected by the governing bodies.
Another Welshman, Andrew Coombs, was also named as one of the players taking action. He released a statement of his own, detailing what he has been through since receiving a diagnosis for early onset dementia and probable CTE.
He called his diagnosis "heartbreaking" but said it had answered questions which had been lingering in his mind.
Boardman added: "It's very difficult for everybody, not just the players, but their partners, their children, their parents. The symptoms are relatively consistent across the cohort, depending on what damage there is.
"A lot of the symptoms we see across many of the players are depression, introversion, suicidal tendencies, memory loss, sensitivity to light noise, aggression, shortness of temper, inability to concentrate and so on.
"So it is very difficult. This is a life and death issue. Players willingly sign up - even from a young age - for the broken bones, the torn ligaments, the stiff backs in retirement. But nobody signs up for permanent progressive brain damage."
Boardman revealed that 15 more players had got in touch since last Friday's announcement, suggesting the scale of this case will continue to grow.
He also believes significant change needs to take place away from the matchday itself, in the workloads that the players are being subjected to throughout the week.
In 2013, the NFL reached a $765 million settlement with more than 4,500 of its former players, who were suing on the grounds that it misled them over the long-term dangers of head injuries.
Since then, the sport has tightened its concussion regulation and there are strict limits on the amount of contact players can be subjected to during their training week.
"Sadly, this is an epidemic in the sport," Boardman said.
"Unless there's an urgent, substantive change introduced particularly in respect of workload... this isn't just about the big concussions where one is knocked out, a lot of the damage just comes from the accumulative dings to the head that one gets in a tackle, carry, ruck or maul.
"That in itself isn't something to be unduly worried about but over the course of 10, 15, 20 years of playing it's that cumulative number which is causing all the difficulty in later life."
The players' representatives had been attempting to establish a group litigation order at a case management hearing at the Royal Courts of Justice in London on Friday, to bring all the players' legal actions under one umbrella.
But the court denied their request, citing the lack of detailed medical records for the 295 players involved.
Boardman says they provided 5,000 pages of documents last Friday, but further information has been ordered by the court.
Senior master in the case, Jeremy David Cook, urged both sides to start working together before the next hearing, which is scheduled for late April or early May 2024.
In a joint statement, the governing bodies said: “Player welfare is rugby’s top priority, and will continue to be our top priority. Rugby is committed to leading the welfare agenda in sport, driven by evolving science and research to protect and support players at all levels.
"This includes world first initiatives, such as the use of smart mouthguard technology by all elite players to facilitate in-game monitoring and treatment of concussive and sub concussive impacts.
"A lower tackle height is also being trialled in the community game to ensure that the benefits of our great sport can be enjoyed by all.
“Whilst legal action prevents us reaching out to support the players involved, we want them to know that we care deeply about their struggles, that we are listening and that they are members of the rugby family."
Predicting how this will all end is impossible at this moment in time, according to Boardman, who pointed out that "it takes two to tango" if a settlement were ever to be reached.
But the outcome of this case will have enormous ramifications for the future of the sport.
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