Concussion

[Aerie]

Concussion and its legal ramifications, costs and effects on the game and the players is at tipping point.

There is talk of a class action against the AFL that could push $1 billion, which is what the NFL in the US has already had in payouts. Shane Tuck and Danny Frawley were diagnosed with Chronic Traumatic Encephalopathy (CTE) post-mortem. Nick Lowden's family spoke of the change in their son's mental health after a serious concussion during underage football.

Then there is the below article, relating to Antonio Loiacono's death while playing for Birdwood earlier this season. It is a horrible reality to playing a contact sport and it is heart breaking to think his mother Wendy had/has to go through the absolute worst outcome. Reading the article below, it looks like the SANFL could be in a serious legal position if protocol wasn't followed.

We have seen the effect on field with regards to rule changes around concussion and protecting the head at all costs. What effects will we see off-field and what capacity does an organisation like the SANFL have to afford to pay out the looming compensation amounts that lay ahead?

https://apple.news/ApttBLCOiR8ySehvJMv0K-A

Birdwood footballer Antonio Loiacono’s mother Wendy Smith to launch legal action against SANFL over handling of his concussions before death

Young Hills footballer Antonio Loiacono died after a sickening on-field collision – now his mother is set to launch legal action against the SANFL over its handling of previous concussions.

Riley Walter
September 04, 2023 11:31 am

The mother of a young Adelaide Hills footballer who died after an on-field collision will take legal action against the state’s peak football body over its handling of concussions in the lead up to her son’s death.
Birdwood footballer Antonio Loiacono, 20, died after a collision during a Hills Football League match against Gumeracha in April, sparking concerns from his family that previous concussions contributed to his death.
His mother Wendy Smith has now engaged top Adelaide lawyer Greg Griffin to pursue legal action against the SANFL, claiming the league breached its concussion policy by allowing her son to play without being medically cleared.
“I feel like there’s been no value put on my son’s life,” Ms Smith told the Sunday Mail.
“He’s a human being, he was a talented football player and they just disregarded his life.
“It’s like it’s been swept under the carpet. It’s disgusting.”
Mr Griffin, who is leading a concussion class action lawsuit against the AFL, will this week write to the SANFL asking them to disclose their records of all reported concussions over the past five years to show that the league received medical certificates clearing each player to return to play.
At the time of Mr Loiacono’s death, the SANFL’s concussion policy stated any player who was suspected of suffering a head injury or concussion during play should undergo an assessment within 10 minutes of the injury.
The policy stated if the player failed the assessment they “should not be returned to the field of play” and “have their names notified to the central umpires, who will record the player’s name in the match report, which is then submitted to the League”.
It stated a player who failed the assessment “will not be permitted to play until the league receives a medical certificate clearing him to play”.
“They have all these rules and regulations and they didn’t honour them,” Ms Smith said.
Ms Smith said no assessment was done when her son was concussed while playing for Waikerie in the Riverland Football League last season or during a trial game for Birdwood ahead of the 2023 Hills Football League season.
“He should not have even been allowed to step on the field unless there had been a medical certificate clearing him to play,” Mr Griffin said.
An updated version of the league’s rules and regulations, published just weeks after Mr Loiacono’s death, did not include the concussion policy.
In the most recent version of the rules and regulations, published on Friday, the concussion policy had been replaced by the AFL’s national concussion management guidelines.
Mr Griffin said the SANFL’s adoption of the AFL policy was a “device to avoid its obligations to have followed its own rules”.
“If the SANFL has chosen to do nothing about enforcing that rule and that concussion policy then ultimately it faces the consequences of doing nothing,” he said.
“It’s a backdoor attempt to try and relieve themselves of all the obligations that were imposed upon them.”
An SANFL spokeswoman said the league was working with the AFL to “ensure concussion is managed in the best possible way”.
“The health and safety of players at all levels of the game is a key priority and both the AFL and SANFL take concussion and the protection of the brain health of all those playing our game extremely seriously,” she said.
Ms Smith, who witnessed the fatal collision in April, said the game was “thuggery”.
Footage of the match, seen by the Sunday Mail, shows several high hits on Mr Loiacono, including in the first quarter the fatal collision in the third quarter.
“The game was thuggery and it clearly shows illegal play,” Ms Smith said.
Mr Griffin said at least two of the incidents, including the fatal collision, should have been reported to the Hills Football League tribunal.
“Each of those two incidents were absolutely reportable and had they happened in an AFL game, the players would have been suspended for a minimum of three games each,” he said.
Mr Griffin said if the SANFL had not acted in line with its concussion policy, the league would have “breached their duty to every player who plays in the country football leagues and they’re liable for any damages that caused”.
“God knows how many other players have been damaged because of their failure to follow their own rules,” he said.
Gumeracha Football Club president Tony Hannaford said he couldn’t recall any “aggression” in the game.
“I can’t remember anything out of the ordinary at all,” he said.
Waikerie Football Club was contacted for comment.

[stampy]

a very sad story, it will be interesting to see what plays out

[gadj1976]

Whatever the outcome, I think there will be repercussions going forward in any footy competition going forward.

[Eagles2014]

Whatever the outcome, I think there will be repercussions going forward in any footy competition going forward.

Going forward, I agree

[gadj1976]

Whatever the outcome, I think there will be repercussions going forward in any footy competition going forward.

Going forward, I agree

Hahaha, that'll teach me for trying to do two things at once! ;-)

Or maybe, too many head knocks?

[stampy]

not the page for smileys and jokes fellas

[gadj1976]

not the page for smileys and jokes fellas

Calm down.