The AFL and Western Bulldogs say they have not been notified of legal action by the former premiership player Liam Picken, who alleges he was allowed to continue to play despite concerns about cognitive impairment from concussion.
In a writ lodged with the court on Wednesday, the 2016 premiership player claims he repeatedly flagged concerns he was suffering symptoms after being concussed, but was never sent to an expert for help and was allowed to continue playing.
Concussion in the AFL has become a key issue in recent years, with concerns raised after the deaths of Danny Frawley and Shane Tuck, who were both diagnosed postmortem with chronic traumatic encephalopathy, a brain injury that leads to dementia and is linked to repeated head injuries.
Both the club and The AFL say they have not received any correspondence from Picken or his lawyers, National Compensation Lawyers, despite the lodgement.
“To this point, the Western Bulldogs have not received any formal notification about this matter, nor have we had any approach from his legal representative(s). Accordingly, we are not able to comment,” a spokesperson for the Western Bulldogs said.
The club said concussion remains a significant issue within the industry.
“As a club, the health, safety and wellbeing of all of our players (and all of our people) remains paramount at all times. This remains non-negotiable. The Western Bulldogs will provide further updates as and when required.”
In a statement, the AFL also said it was unable to comment, but that it took the issues of players’ health seriously.
“The health and safety of players at all levels of the game is the AFL’s key priority and we take concussion and the protection of the brain health of all those playing our game extremely seriously.”
Michael Tanner, principal at National Compensation Lawyers, said Picken would allege he suffered various concussive events throughout his playing career with the Western Bulldogs that were either known, or should have been known to the AFL, and the club.
In a statement, Tanner claimed the club and the AFL had a responsibility to the player’s health.
Picken’s lawyers allege he underwent a number of cognitive assessments which showed irregular results and despite such was returned to the field to play and that he was not provided with further specialist medical care and assessment after the irregular test results.
Tanner said the former player is still suffering symptoms today, including an aversion to bright lights.
It comes after Margalit Injury Lawyers announced last month it is going to represent former players who have suffered on-going issues as a result on concussion in a class action against the AFL.
In a statement, the firm’s managing principal, Michel Margalit, said none of the injured players they had spoken to received any compensation.
“The former players have told us heartbreaking stories of the impact that concussion sustained playing in the AFL has had on their personal lives, their families and their career after their footy ended,’’ Margalit said.
“Players often enter into AFL careers as teenagers, without the life experience or perspective to understand the lifelong debilitating impacts of concussion.
“These players need to be protected and adequately cared for if injured.”
