live Infotainment Factory: AFL legend sues league, Geelong, Hawks

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Monday, 17 April 2023

AFL legend sues league, Geelong, Hawks


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AFL legend Gary Ablett senior is suing the league in the Supreme Court, including the two clubs he played for, Geelong and Hawthorn, over concussions which he alleges have left him with brain damage.

Ablett snr, nicknamed "God" by fans such was his dominance as one of the greatest players in football history, claims a breach of duty and negligence took place during his career.

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The 61-year-old revealed earlier this year he has brain damage and his lawyer Michel Margalit told The Age it was "clearly as a result of physical trauma caused by concussion".

The claim says he is now unable to work nor pay for his medical bills.

"One of the biggest challenges for Gary is he very much is left without the means and ability to fund the care he now requires, given his condition," Margalit said.

"This is really why he's been forced, in a sense, to bring the claim; to be able to afford both the medical expenses and medical care he requires ... and those costs will only continue to increase.

"He really struggles on a daily basis, and it is very typical symptomatology you see from players, or athletes, who suffer these concussion-related injuries around the world.

"There is everything from memory loss to being unable to work and many other symptoms."

Gary Ablett senior attends the State funeral for Jim Stynes at St Paul's Cathedral in Melbourne on March 27, 2012. (AAP)

Ablett's legal team stated he suffered concussions throughout his VFL/AFL career and that it was "reasonably foreseeable" for the AFL, Hawthorn and Geelong that he was "vulnerable to the injury of concussion caused by head strikes while playing AFL football".

Ablett is seeking damages, interest and costs from the three defendants, and his lawyer said a full statement of claim would be served in the coming months.

"One of the steps is mediation, and we hope that a sensible position is taken by the defendants without need to cause further trauma through a litigious trial," she said.

"For every injured person; it's preferable to avoid a trial – but certainly if that's what it requires, it certainly is something we're not deterred from doing."

Ablett told the Herald Sun recently: "I told him of my concerns and Peter (Jess, his former manager) helped organise an MEG scan that American Military use. It showed I have significant structural and functional brain damage.

Gary Ablett senior (centre) on the Gold Coast in 2013. (AAP)

"I've since been seeing a psychiatrist named Dr John Perica once a month and receiving some new medical treatment that's been helping reduce the headaches and improving my mood.

"I began getting headaches and pressure in the top of my skull around 2010, initially a few days a week.

"It then led to depression, anxiety and extreme fatigue. Under the advice of doctors, I then had numerous scans to try and find the cause of headaches and skull pressure.

"From 2015 onwards, and almost every day, there were signs that things had changed, then about 12 months ago I started getting symptoms that alarmed me to the point where I contacted Peter Jess, whom I'm aware has been a concussion advocate for a number of past players."

Footballers suffering the effects of concussions have filed two class actions against the AFL in recent months.

Ablett played 248 VFL/AFL games for Geelong and Hawthorn, kicking 1031 goals between 1982 and 1996.

For a daily dose of the best of the breaking news and exclusive content from Wide World of Sports, subscribe to our newsletter by clicking here!

AFL legend Gary Ablett senior is suing the league in the Supreme Court, including the two clubs he played for, Geelong and Hawthorn, over concussions which he alleges have left him with brain damage.

Ablett snr, nicknamed "God" by fans such was his dominance as one of the greatest players in football history, claims a breach of duty and negligence took place during his career.

READ MORE: 'Unnecessary' Cleary hit could've sparked 41-year first

READ MORE: Marathon GOAT humbled in shock scenes

READ MORE: AFL grilled over 'embarrassing' hunt for next CEO

The 61-year-old revealed earlier this year he has brain damage and his lawyer Michel Margalit told The Age it was "clearly as a result of physical trauma caused by concussion".

The claim says he is now unable to work nor pay for his medical bills.

"One of the biggest challenges for Gary is he very much is left without the means and ability to fund the care he now requires, given his condition," Margalit said.

"This is really why he's been forced, in a sense, to bring the claim; to be able to afford both the medical expenses and medical care he requires ... and those costs will only continue to increase.

"He really struggles on a daily basis, and it is very typical symptomatology you see from players, or athletes, who suffer these concussion-related injuries around the world.

"There is everything from memory loss to being unable to work and many other symptoms."

Gary Ablett senior attends the State funeral for Jim Stynes at St Paul's Cathedral in Melbourne on March 27, 2012. (AAP)

Ablett's legal team stated he suffered concussions throughout his VFL/AFL career and that it was "reasonably foreseeable" for the AFL, Hawthorn and Geelong that he was "vulnerable to the injury of concussion caused by head strikes while playing AFL football".

Ablett is seeking damages, interest and costs from the three defendants, and his lawyer said a full statement of claim would be served in the coming months.

"One of the steps is mediation, and we hope that a sensible position is taken by the defendants without need to cause further trauma through a litigious trial," she said.

"For every injured person; it's preferable to avoid a trial – but certainly if that's what it requires, it certainly is something we're not deterred from doing."

Ablett told the Herald Sun recently: "I told him of my concerns and Peter (Jess, his former manager) helped organise an MEG scan that American Military use. It showed I have significant structural and functional brain damage.

Gary Ablett senior (centre) on the Gold Coast in 2013. (AAP)

"I've since been seeing a psychiatrist named Dr John Perica once a month and receiving some new medical treatment that's been helping reduce the headaches and improving my mood.

"I began getting headaches and pressure in the top of my skull around 2010, initially a few days a week.

"It then led to depression, anxiety and extreme fatigue. Under the advice of doctors, I then had numerous scans to try and find the cause of headaches and skull pressure.

"From 2015 onwards, and almost every day, there were signs that things had changed, then about 12 months ago I started getting symptoms that alarmed me to the point where I contacted Peter Jess, whom I'm aware has been a concussion advocate for a number of past players."

Footballers suffering the effects of concussions have filed two class actions against the AFL in recent months.

Ablett played 248 VFL/AFL games for Geelong and Hawthorn, kicking 1031 goals between 1982 and 1996.

For a daily dose of the best of the breaking news and exclusive content from Wide World of Sports, subscribe to our newsletter by clicking here!

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