AS recently as a couple of weeks ago, the issue of concussion was brought starkly to the public’s attention when it was revealed that Liverpool goalkeeper, Loris Karius, suffered a bout of it during his side’s Champion’s League final defeat to Real Madrid.
The two errors Karius made during the course of that final contributed significantly to Liverpool’s defeat and his subsequent diagnosis not only shed light on what may have caused his poor judgement, it also brought the issue of concussion right back into the spotlight.
This week has seen an interesting development in the discussion regarding brain injury. Over in America, the National Collegiate Athletic Association (NCAA) has been taken to court by Debra Hardin-Ploetz, who is the wife of former college football player, Greg Ploetz.
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Having played American football for the University of Texas in the late 1960s and early 70s, Ploetz began to suffer serious health problems later in life including depression, memory loss, confusion and erratic behaviour before passing away in 2015.
Following his death, his brain was donated for research where neurologists examined it and concluded that it showed the “hallmark signifiers” of chronic traumatic encephalopathy (CTE), which is caused by damage to the brain.
Hardin-Ploetz is arguing that the NCAA failed to protect players’ brains and is seeking compensation. Last year, the National Football League (the NFL) settled for $1 billion with families of players who had suffered brain damage which was thought to have been caused playing football but Hardin-Ploetz’s is a landmark case as it is the first time that such a suit has reached court. And more significantly, the resultant outcome may set a precedent, the ripples of which may be felt all over the world.
Hardin-Ploetz is accusing the NCAA of general negligence, meaning that they did little to warn or protect players like Ploetz about CTE, while knowing the dangers of playing the sport and taking years of hits to the head. And secondly, she is suing them for wrongful death, which is a negligence claim made by the victim of someone who is deceased and applies to Ploetz specifically.
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The gist of the NCAA’s argument on the other hand is that Ploetz, and in fact all players, know the risks involved in playing a contact sport and therefore they are not liable for the damage caused and his subsequent death.
The outcome remains to be seen but the fact of the matter is that whatever the result of this specific case, there can be little argument that sporting brain injures are being taken more seriously by the courts.
The verdict of Hardin-Ploetz’s case will have little direct effect on the law in the UK but it seems unlikely that a number of sports will not be watching closely as to the direction of the case. If courts across the world begin to rule in favour of individual athletes, sports are in a very precarious position. In recent years in the UK, the issue of concussion has become more and more pressing, with awareness about the prevalence of it, and the long-lasting effects it can have, better understood.
The nature of rugby - which is becoming more and more physical with each passing season - has seen the rate of concussion rise for the seventh successive year, reported English’s rugby’s annual injury audit and as recently as last year, Dr Willie Stewart, the Scot who is a member of World Rugby’s Independent Concussion Advisory Group, said the governing body’s attempts to tackle the issues around brain injuries were having little effect.
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There is little doubt that the issue of brain injuries is better understood than ever but any specific measures to eliminate, or even reduce the risk, do not seem forthcoming. There have been suggestions of limiting the amount of heading of the ball kids do in football training, as well as reducing contact in training in rugby. Yet the amount of significant action taken has been relatively limited.
What would really kick the governing bodies into action would be the threat of financial repercussions. It is perhaps the only thing that will improve things and ensure that a significant number of athletes do not and up with life-long damage caused by their careers in sport.
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