Concussion: Lessons rugby can learn from the US as NFL tackles lawsuits
Green Bay’s Aaron Jones collides with Michael Brockers of the Los Angeles Rams during the NFC divisional playoff game at Lambeau Field on Saturday. In 2013, the NFL agreed a $1bn settlement with retired players who had suffered neurodegenerative disorders associated with chronic brain trauma.
The storm clouds on the horizon for rugby when it comes to concussion darkened significantly lately. The news of a lawsuit being pursued by former high-profile players such as Steve Thompson in Britain has implications for the game everywhere: if successful, will that lawsuit open the floodgates from Ireland to New Zealand?
Those rugby players and their legal advisers have no doubt tracked events in the United States closely. A long-running controversy about the brain damage sustained by American football players has had several significant milestones: concerns about the damage done by concussion and CTE (chronic traumatic encephalopathy) led to the NFL agreeing a $1 billion settlement in 2013 with retired players who had suffered neurodegenerative disorders associated with chronic brain trauma.
Last year Warren Zola, a sports lawyer who teaches at the Boston College Carroll School of Management, was scathing in his criticism of the NFL on this matter, telling the last year that it “has a lot to answer for on concussions, and they are paying the price for it.
“Is there enough to pin that on one person? You had all these owners who were printing money and didn’t want to do anything to slow that train down.”
Last week Zola spoke to the about the possible path those rugby lawsuits might take. While not wishing to comment, understandably, on cases he was unfamiliar with, Zola pointed out some issues which arose in America which might be avoided here.
“One of the critical factors in addressing concussions in sports has been transparency in the athletes understanding the real risks from participating in their chosen sport.
“A comparison people have often made when it comes to concussion or head injury is with boxing, which obviously has a high potential for serious head injuries.
“However, there’s a significant difference here in that boxers are fully aware of the risks before they ever enter the ring. They know what the dangers are, and even then those dangers are minimised when possible, whether that’s through medical supervision, headgear or bigger gloves at amateur level or shorter rounds.
“The obvious comparison with American football is that the full risks were not outlined to the participants. And when leagues or manufacturers hide those risks to the participants, lawsuits and outrage have followed - rightfully so.”
Zola gave a specific instance of risks being hidden involving the NFL: “An example of this is the NFL concussion litigation where helmet manufacturers shared the dangers of potential concussions with old products with the league, which then shielded that information from the players.
“This was combated two ways, first with education primarily sparked by Chris Nowinski and the Concussion Legacy Foundation. The work Chris and this organisation have done has changed the debate in the country as athletes and the general public now are aware of the true dangers of this trauma.
“The second way to address player safety has been the role of unions - of which I am a strong supporter.
“Want us to play an extra football game during the season that increases the likelihood of injury? Pay us more and give us additional benefits. Provide us with better technology, equipment, and rules within the sports to protect us, and so on.
“This is what's missing at the amateur level, at least here in the US with the NCAA.”
The other factor worth considering at present is the pandemic, of course. Zola points out that it is already having an impact on how sports are played, and in certain cases that impact may outlast the pandemic itself.
“In some ways, I think Covid will have an impact on this situation as many sports have altered their rules for safety - especially at the amateur level.
“Soccer doesn't allow players to head the ball or throw the ball in from the sidelines with their hands at the high school level over here. These changes were made for safety. Football, at all levels, have changed kickoff rules to make the play somewhat safer.
“Take out the most dangerous plays in sports that lead to head trauma and it's still possible to maintain the essence of a sport and make it fun and entertaining.”
This is a key point. In the US there’s been a good deal of apocalyptic commentary from the likes of writer Malcolm Gladwell, who has said that American football will be obsolete in the next 10 years.
Even if that’s an exaggeration, maintaining the essence of a sport and making it fun - and safe - is a challenge when, as Zola points out, those involved in that sport can be resistant to change.
“One of the key elements in any sport is tradition and continuity, the sense that people playing the sport now are playing the same sport, or a very similar one, that was played in previous decades.
“Because of that changing the rules in a sport is often a slow process, because those who played the sport in the past may feel too much change will make the sport they knew unrecognisable.”
All things considered, Zola’s suggestions for how any sport should proceed when dealing with concussion are common-sense and practical: “Thus, transparency for the athletes to understand the risks. Education of all with research and science.
“Unions to represent the athletes in making risk assessment decisions.
“And a willingness to change rules at the margins to make sports safer.”
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