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ARTICLE · 17 MARCH 2016

Hard Impact: US NFL Concussion Injury Litigation – Implications For Australian Claims

To what extent are governing bodies of contact sports and clubs liable to former players for brain injury?

GlobalInsurance

To what extent are governing bodies of contact sports and clubs liable to former players for brain injury? The United States has seen several cases on this issue, including class actions involving USD 1 billion settlements. Will this type of litigation make its way to Australia?

More than a decade ago, pathologist Dr Bennett Omalu performed an autopsy on American National Football League (NFL) player, Mike Webster. The autopsy led to the discovery of Chronic Traumatic Encephalopathy (CTE).

CTE is a progressive degenerative disease of the brain found in people with a history of repetitive brain trauma.  The repeated brain trauma triggers progressive degeneration of the brain tissue. Common symptoms include memory loss, confusion, impaired judgment, impulse control problems, aggression, depression, suicidality, Parkinsonism, and eventually progressive dementia.  These symptoms often begin years, or even decades after the last brain trauma. Presently, CTE can only be

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