Case could prompt NRL concussion review

Legal action by James McManus against his former club Newcastle could prompt another review of the NRL’s concussion protocols, says sports lawyer Tim Fuller.

McManus, a veteran of 166 games for the Knights, suffered concussions in the 2015 season, including round 20 against South Sydney which proved his final game.

The former NSW Origin winger has a directions hearing listed for the NSW Supreme Court next month over the Knights’ handling of the concussions that led to his retirement.

Knights chairman Brian McGuigan has strenuously denied any negligence by the club in administering the concussion protocols.

Fuller – himself a former NRL player for South Sydney and the Gold Coast in the 1990s – said that even if McManus’ case was unsuccessful it could prompt a fresh look at the NRL’s already stringent concussion policy and the guidelines for their clubs.

“It raises the question: Are the protocols correct and sufficient to protect players?” Fuller said.

“That was always going to be a really difficult argument because concussion can be displayed in so many ways,” Fuller said.

“Some people react differently to a head knock and in the end they might display signs of concussion and hour after the contact happened.”

Under the NRL’s in-game concussion policy, which were strengthened in 2015, team doctors must ensure players showing any sign of concussion are removed from the field and must pass a clinical check to be cleared to return.

Players are not allowed to return if they display any of the following symptoms – loss of consciousness, falling to the ground without taking protective action, seizure, memory impairment or balance disturbance.

However Fuller couldn’t see McManus’ action opening the floodgates for similar cases from past players against their club or the league, given the way the NRL had developed its rules as more was learned about concussion and long-term effects.

He also indicated the league was in a far better position to the American NFL, where a court recently paved the way for a near $US1 billion settlement for past players following a class action.

“The NRL have been very vigilant and diligent in addressing this issue and have never taken it likely,” Fuller said.

“Rugby league has been terrific as far as stamping out things that don’t fit into the nature of the game.

“We’ve banned the shoulder charge, banned lifting into dangerous positions.”

Regardless, Fuller said even bringing the court case would serve as a warning to clubs in any sport to adhere strictly to their concussion protocols.

“It most definitely serves as a warning,” he said. “That’s always been one of those issues that has been raised.”

Newcastle confirmed on Sunday morning that they were working through the matter in conjunction with the NRL.

“Players have got to be approved to go back on the ground by the doctors, the medical staff,” McGuigan told Fairfax Media.

“If he is deemed to be fit, all we do is abide by that. All we have ever done is abide by that.

“We have never put anyone under pressure to go back on the field were they not approved by the medical staff as being ready to go back on the field.”

McGuigan also said the legal action would have no impact on McManus’ current position as an employee at the NRL club.

The NRL is not commenting on the case.

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