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Three Irish players named as concussion lawsuit proceedings begin

(Photo by Brendan Moran/Sportsfile via Getty Images)

Three players – two of them former Ireland internationals, including David Corkery – have begun legal proceedings against the IRFU and other rugby governing bodies over concussion. It was July 27 this year when it emerged that the governing body for rugby in Ireland would face a case over serious brain injuries allegedly suffered by players during their playing careers.

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That news emerged just two days after separate proceedings against World Rugby, the Rugby Football Union and the Welsh Rugby Union were due to be issued at court in the UK by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.

With proceedings having now been initiated in the Irish High Court on Wednesday, the previously unnamed players have been identified as Corkery, Declan Fitzpatrick and Ben Marshall. The 49-year-old Corkery, the back-rower who played 27 times for Ireland between 1994 and 1999 and who represented Bristol in the Premiership, is taking his action against the IRFU, Munster Rugby and World Rugby.

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In a RugbyPass+ interview earlier this year, Corkery explained his concerns over headaches and the results of brain scans he had taken. “Sleep is a struggle… Some of the results that have come back have not been great. I really worry about it, the head. When I played, I had no respect for my body. I got knocked out. I woke up and a few seconds later I was playing again. That’s not right. That shouldn’t have been the case.

“We are obliged to be careful because the brain is so delicate. It gives me shivers when I see the hits in the modern game. I got so many concussions, I lost count. I’ve suffered from depression for years. The black dog is always in the corner, ready to bark. It is a question nagging away at me all the time. Anxiety, you read about what has happened to the NFL players. My depression, is it related to those head injuries? I don’t know.”

Fitzpatrick, the 39-year-old former prop who played seven times for Ireland in 2012 and 2013, is suing the IRFU, Ulster Rugby and World Rugby. It is believed that he quit the sport after suffering six concussions in his career, four in his final three seasons. The second row Marshall, meanwhile, played for Leinster and Connacht between 2010 and 2017 before being forced to retire due to concussion. The 32-year-old is suing Leinster Rugby, Connacht Rugby, the IRFU and World Rugby.

All three former players are represented by Maguire McClafferty, who made no immediate comment on Wednesday’s High Court development in Dublin. In July, though, senior partner Manus McClafferty had said: “There are Irish players involved, yes… I can tell you that proceedings are prepared and will, probably, be issued, I believe, by the end of September. I have them ready.”

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Oh no, not him again? 2 hours ago
England internationals disagree on final play execution vs All Blacks

Okay, so we blew it big time on Saturday. So rather than repeating what most people have all ready said, what do I want to see from Borthwick going forward?


Let's keep Marcus Smith on the pitch if he's fit and playing well. I was really pleased with his goal kicking. It used to be his weakness. I feel sympathy for George Ford who hadn't kicked all match and then had a kick to win the game. You hear pundits and commentators commend kickers who have come off the bench and pulled that off. Its not easy. If Steve B continues to substitute players with no clear reason then he is going to get criticised.


On paper I thought England would beat NZ if they played to their potential and didn't show NZ too much respect. Okay, the off the ball tackles certainly stopped England scoring tries, but I would have liked to see more smashing over gainlines and less kicking for position. Yes, I also know it's the Springbok endorsed world cup double winning formula but the Kiwi defence isn't the Bok defence, is it. If you have the power to put Smith on the front foot then why muzzle him? I guess what I'm saying is back, yourself. Why give the momentum to a team like NZ? Why feed the beast? Don't give the ball to NZ. Well d'uh.


Our scrum is a long term weakness. If you are going to play Itoje then he needs an ogre next door and a decent front row. Where is our third world class lock? Where are are realible front row bench replacements? The England scrum has been flakey for a while now. It blows hot and cold. Our front five bench is not world class.


On the positive side I love our starting backrow right now. I'd like to see them stick together through to the next world cup.


Anyway, there is always another Saturday.

7 Go to comments
C
CO 2 hours ago
Scott Robertson responds to criticism over All Blacks' handling errors

Robertson is more a manager of coaches than a coach so it comes down to intent of outcomes at a high level. I like his intent, I like the fact his Allblacks are really driving the outcomes however as he's pointed out the high error rates are not test level and their control of the game is driving both wins and losses. England didn't have to play a lot of rugby, they made far fewer mistakes and were extremely unlucky not to win.


In fact the English team were very early in their season and should've been comfortably beaten by an Allblacks team that had played multiple tests together.


Razor has himself recognised that to be the best they'll have to sort out the crisis levels of mistakes that have really increased since the first two tests against England.


Early tackles were a classic example of hyper enthusiasm to not give an inch, that passion that Razor has achieved is going to be formidable once the unforced errors are eliminated.


That's his secret, he's already rebuilt the passion and that's the most important aspect, its inevitable that he'll now eradicate the unforced errors. When that happens a fellow tier one nation is going to get thrashed. I don't think it will be until 2025 though.


The Allblacks will lose both tests against Ireland and France if they play high error rates rugby like they did against England.


To get the unforced errors under control he's going to be needing to handover the number eight role to Sititi and reset expectations of what loose forwards do. Establish a clear distinction with a large, swarthy lineout jumper at six that is a feared runner and dominant tackler and a turnover specialist at seven that is abrasive in contact. He'll then need to build depth behind the three starters and ruthlessly select for that group to be peaking in 2027 in hit Australian conditions on firm, dry grounds.


It's going to help him that Savea is shifting to the worst super rugby franchise where he's going to struggle behind a beaten pack every week.


The under performing loose forward trio is the key driver of the high error rates and unacceptable turn overs due to awol link work. Sititi is looking like he's superman compared to his openside and eight.


At this late stage in the season they shouldn't be operating with just the one outstanding loose forward out of four selected for the English test. That's an abject failure but I think Robertson's sacrificing link quality on purpose to build passion amongst the junior Allblacks as they see the reverential treatment the old warhorses are receiving for their long term hard graft.


It's unfortunately losing test matches and making what should be comfortable wins into nail biters but it's early in the world cup cycle so perhaps it's a sacrifice worth making.


However if this was F1 then Sam Cane would be Riccardo and Ardie would be heading into Perez territory so the loose forwards desperately need revitalisation through a rebuild over the next season to complement the formidable tight five.

28 Go to comments
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