Two more named in Players' dementia action

The legal action against rugby union’s authorities took a decisive step forward on Thursday when the firm representing nine players diagnosed with long-term brain injuries sent pre-action letters of claim to World Rugby, the Rugby Football Union and the Welsh Rugby Union. Rylands Law also revealed the identities of two more of the nine players involved in the test cases alongside Steve ThompsonAlix Popham and Michael Lipman. They are the former Wales under-20 centre Adam Hughes and the former England under-21 back-row Neil Spence.

The development comes as the former England captain Dylan Hartley spoke out about the lack of teaching in rugby around the risk of dementia. “From when I started until last week, I didn’t know dementia was a potential outcome for any rugby player,” Hartley said on RugbyPass’ Offload podcast. “That wasn’t educated or taught to us.” Hartley admitted he is having his “own problems” with concussion in retirement, but said he does not want to reveal more about them.

Neil Spence during his playing career at Rotherham.
‘A side of me is lost for ever’: two more rugby players on their brain injuries

Hughes, 30, is the youngest player involved in the action so far. He has been diagnosed with “having brain injuries and post-concussion symptoms”, and has been told he is on a “similar medical trajectory” to Popham, Lipman, Thompson and Spence, who have all been diagnosed with early-onset dementia and probable chronic traumatic encephalopathy. Hughes played for the Dragons, Bristol and Exeter between 2010-18, and his experience throws doubt on the argument that the game has become significantly safer in the past decade.

Hughes was forced to retire at the age of 28 after a particularly severe concussion and is now working as a financial adviser. “It was just one head knock too many. I was finding it more and more difficult to recover from each and every bang to the head,” he said. He reports being knocked out eight times in his career. “At first it was the bigger concussions where I was completely knocked out that took me ages to recover from then over the time even the smaller ones started to have an impact. For the sake of my health, I had to bring it to a halt.”

One of Hughes’s former coaches, Rob Baxter at Exeter, said last week the game’s approach to head injuries has improved so much in the years since Thompson, Lipman and Popham retired that “there’s almost very little value in trying to compare the two”. Hughes, who played for the Chiefs in 2014-15, told a different story. “For me, I think the biggest issue around concussions was attitude. It was often treated like a weakness if you don’t dust yourself down and carry on.”

He added that “the game still has a very long way to go in terms of education about concussion”.

Adam Hughes (left), pictured in action for Dragons in 2016, retired age 28 after a severe concussion.
Adam Hughes (left), pictured in action for Dragons in 2016, retired age 28 after a severe concussion. Photograph: Huw Evans/Shutterstock

Four more players involved in the test cases have decided to remain anonymous. Rylands Law is already representing around 100 former rugby players and said 30 more have been in contact since the involvement of Thompson, Popham and Lipman was revealed by the Guardian last week.

In a statement World Rugby, the RFU and the WRU said: “We have been deeply saddened to hear the brave personal accounts from former players. Rugby is a contact sport and while there is an element of risk to playing any sport, rugby takes player welfare extremely seriously and it continues to be our number one priority. As a result of scientific knowledge improving, rugby has developed its approach to concussion surveillance, education, management and prevention across the whole game.

“We have implemented coach, referee and player education and best-practice protocols across the game and rugby’s approach to head injury assessments and concussion protocols has been recognised and led to many other team sports accepting our guidance. We will continue to use medical evidence and research to keep evolving our approach.”

Sir Bill Beaumont, the chairman of World Rugby, added: “As a player who retired on medical advice in the early 1980s, I care deeply about the welfare of all players. As an administrator, I will do all I can to maintain the confidence and wellbeing of those who play the game.”

The pre-action letters of claim set out the broad allegations upon which the cases are based. They state the governing bodies had a duty “to take such steps and to devise and implement such rules and regulations as were required in order to remove, reduce or minimise the risks of permanent brain damage as a consequence of the known and foreseeable risk of concussive and sub-concussive injuries”.

They also allege the risks of concussions and sub-concussive injuries were “known and foreseeable”, listing 24 failures on the part of World Rugby, RFU and WRU. The governing bodies have a maximum of three months from the date of acknowledgment of the letters of claim to provide their initial responses.

Rugby union’s dark news on dementia presents a reality the sport has dared not face

At the last count, in 2014, there were 1,339 people in the UK between the ages of 30 and 44 who had been diagnosed with dementia – or 0.01% of the 13 million in that age group, or one in every 9,500. The startling news that former professional rugby players from that demographic have been diagnosed with the condition presents rugby with a reality it has dared not face until now.

Even if the 11 (eight of whom are joining a new legal action) turn out to be the only ones, which is next to inconceivable given we know of another 90 with likely symptoms – and this before those players had gone public, this before some have even reached middle age – they represent nearly 1% of the roughly 1,500 players from that age group who played professionally in England and Wales in the 15 years after rugby union went open. Assuming the incidence rate derived from the 2014 Dementia UK report has remained constant, the chances of that same wider population of 13m returning 10 or more cases from a sample of 1,500 are a shade under one in 10 trillion. For 11 or more, the chances are so small that a regular spreadsheet cannot cope and defaults to a probability of zero.

 
 
Steve Thompson
Rugby World Cup winner Steve Thompson reveals he has dementia and joins landmark legal case
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In other words, this is not a coincidence, and it is rugby’s problem. No amount of smooth-talking from the sport’s authorities, or platitudes about the need for further research, can controvert what is in plain sight. There is a link between rugby and degenerative neurological disorders. At this point, it must also be asserted that this association is probably with professional rugby, but there is likely to be a sliding scale, which could reach down into the ever-more punishing community game too.

It seems the key event is the sudden leap to full-time professionalism of elite rugby union in the mid-1990s. A generation of players, now barely at middle age, thus became the first to play an entire career full-time. In so doing, they assumed a toll of physical attrition unlike that of any previous.

Close enough to the amateur era and its unreconstructed ways, that period of early professionalism may even prove to have been exceptionally punishing, certainly in terms of the toll of training throughout the week. Clubs and unions are smarter now with their approach to preparation, but the intensity of the 80 minutes on matchday, fuelled by that ever-improving method, has continued to escalate and shows no signs of abating.

Within the last decade, rugby has tried to put its house in order regarding concussion. The transformation in the culture surrounding head injury and the “old school” virtue of toughing it out has been swift, even impressive. But perhaps the most alarming possibility of all is that concussion, as defined variously each time experts in the worldwide Concussion in Sport Group meet, which is every four years, is at best only part of the problem.

There is a conviction in the scientific community, all but unchallenged by credible independent researchers, that chronic traumatic encephalopathy (CTE), the disease once known as dementia pugilistica but now recognised as a problem well beyond boxing, is not caused by those few events that trigger a “concussion” but by the cumulative toll of repeated blows to the head, including the almost-uncountable sub-concussive impacts we see in rugby. “The idea that you have to lose consciousness for damage to have been caused is a common misconception,” says Prof Damian Bailey of the University of South Wales. “It only causes confusion. All impacts to the body, let alone those direct to the head, have the potential to cause some degree of functional or structural modification to the brain. More than 90% of concussions do not involve loss of consciousness.”

Such a conclusion would raise both codes of rugby into the highest risk category of the world’s major sports. The dramas that have played out in American football over the question of concussion have been watched with disquiet by rugby, but the suspicion the intensity of head collisions in the NFL is of a different order has allayed some of the fears. If the repetitive-blow hypothesis holds true, if the damage is a function of the number of impacts as well as the intensity, rugby suddenly becomes even more dangerous.

There is no way of avoiding repetitive blows to the head, and lots of them, in rugby as currently played. Governing bodies can demand as many red cards as they see fit, or even implement actual law changes to lower the height of a legal tackle, but a sport with so many moving parts in a team, all commissioned to crash into each other at high speed, whether at tackle, ruck or set piece, cannot avoid the repetitive shaking of its players’ brains.

The recent shift of the paradigm in football regarding headers offers no comfort, either. No one is knocked out by heading a football, but it seems increasingly likely there is a link there too between the bang-bang-bang of head with object and a raised incidence of neurological complications in later life.

Rugby is now confronted with how early “later life” can be. For any of professionalism’s first generation to be diagnosed with dementia when barely into their 40s – and not even as old as that for some of the others with symptoms – is an ethical burden of immense weight for a sport to bear.

All rugby players accept, as do those who play so many other sports, that there will be repercussions in later life for their bodies. But the progressive loss of their minds, the erosion of who they are, was never part of the bargain and certainly not within a few years of retirement.

A case of dementia is defined as early by a diagnosis before the age of 65 and accounts for approximately 5% of all cases. How many more of just this particular generation of players will have been added to rugby’s ledger as they age in the next 25 years? Or even as they are emboldened to come forward in the next few weeks and months, now that others have gone public?

There is no way of knowing yet. Of course, any burden borne by what we must ardently hope is a small minority of the elite will be offset by the self-evident benefits that team sports confer across all of society, emotionally and culturally every bit as much as physically.

MRI image of head showing brain
If players’ dementia is caused not by losing consciousness but the cumulative toll of blows to the head and body, rugby faces a difficult future. Photograph: Ian Allenden/Alamy Stock Photo

The trouble is, such transparency comes with a weighty burden of its own. To declare these risks is, effectively, to advertise them. The implications for a sport’s image among the wider population are dire. We are put in mind of smoking, an ever-vanishing pastime once embraced without a thought. We are put in mind of boxing.

As society becomes cleaner, more health-conscious, more self-improving, so its tastes change. The great dilemma for a collision sport is that the cleaner, healthier and more improved its players become, the more dangerous they are to each other. No one has done any of this on purpose, but rugby’s paradox is no less ruinous for that – to itself or, it now seems certain, to at least some of the brains of its players.

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