NRL could face $100 million concussion bill

The NRL would face crippling bankruptcy through an “inevitable” concussion-related courtroom class action which could be worth a staggering $100 million.

That is the startling allegation from leading Australian lawyer Paul McGirr.

McGirr was talking after a class action against the AFL over concussion injuries was launched in the Melbourne Supreme Court last week by nearly 60 former players.

And McGirr said he had heard “murmurs” of possible court action against the NRL. Leading sport doctor Nathan Gibbs backed McGirr, claiming legal action by ex-players was “definite”.

“You’re talking at least $100 million and that’s a conservative figure. It could certainly bankrupt the game,” McGirr said.

“If you were paying $1 million to one particular person, imagine over the years, you’re talking hundreds or thousands of people putting claims in. You don’t have to be Einstein to figure out that this could be a major problem if their action was successful. The bottom line is I think it’s inevitable.

“I would be suprised if there was a class action this year but, certainly from the murmurs I have heard, people are talking and it’s been front-of-mind with the NRL, and wider circles, for some time.

“I have certainly heard rumblings in relation to individuals suffering certain health conditions and blaming the game of rugby league on those health conditions.

“If successful in their actions, you are talking about people’s living expenses and possible professional care for 20, 30-plus years, at least. People who have played the game believe they are entitled to be protected for life.

“I also think we are moving toward waivers, not that the NRL will admit that they are liable. The NRL and clubs will somehow look to alleviate their risks.

“I don’t believe the NRL will take any blame for any of these injuries but the NRL is trying to limit the chance of head knocks happening.”

Gibbs told the Big Sports Breakfast Weekend radio show: “I think there will definitely be some legal issues…because it’s happening in other codes. It will definitely happen in rugby league.”

A concerned NRL last week introduced a mandatory 11-day stand-down policy for concussed players. While certain the concussion lawsuit will end up in court, McGirr warned former players about their chances of success in the courtroom.

“It wouldn’t be a slam-dunk (in court) as it were in respect to just saying: ‘I was knocked out therefore I have certain medical effects due to being knocked out’,” McGirr said.

“You’ve got to prove which particular action caused you to have these injuries and what evidence supports the specifics of what caused the injury. You can’t say there is a class action and therefore I’m entitled to compensation for my injury. For instance, if I get knocked out in a bar fight and then played rugby league for another 10 years and got knocked out, the issue would be proving how the second knockout on the rugby league field caused the particular condition someone may have.

“And the second issue, what can they prove is attributed to the body’s natural deterioration or what can be attributed to brain injuries. The scientific research into these matters is still a grey area. There are people who have played chess or lawn bowls all their lives and they have the same issue - and they haven’t been knocked out.”

This story originally appeared in the Daily Telegraph print edition, page 49, on 20 March 2023 under the hand of Dean Ritchie.