Brett Horsnell v Parramatta PDRLC

[Bazal]

before my time Baz

Says the man who was born when minstrels were all the rage!

 

[El Diablo]

http://www.smh.com.au/rugby-league/...amatta-eels-legal-action-20170512-gw3p7x.html

Brett Horsnell breaks silence over Parramatta Eels legal action

• 
  Adrian Proszenko
  

Brett Horsnell says he had "no choice" but to take legal action against former club Parramatta amid warnings other players are set to follow suit over the game's handling of concussions.

Horsnell has taken action against the Parramatta District Rugby League Club in a landmark case that is likely to also include the NRL. The legal firm handling the matter for Horsnell, Certus, is acting for other athletes who have suffered continued ill effects from concussions, raising the spectre of more claims being lodged against clubs and the governing body.

Horsnell made 154 first-grade appearances for the Gold Coast Giants, South Queensland Crushers and the Eels, playing his last two seasons for the latter. The Eels are the only body left to sue after the Giants and Crushers disappeared from the league landscape.

The journeyman forward was reluctant to take his former club to court, but felt he had little option after a series of head knocks left him in a difficult physical and financial position.

"I gave a large part of my life to the game I love," Horsnell said in a statement provided to Fairfax Media.

"I did not want to take any action or make anything public about myself, my injuries, or the game. Unfortunately I have had no choice but to take legal action as my only remaining option.

"I would like to sincerely thank the medical specialists who have treated me, and given me the news I didn't want to hear, but needed to hear".

Horsnell's legal team also issued a clarification in relation to the nature of the legal action.

"Mr Horsnell wishes to correct speculation surrounding his mental health, and confirm he is not suffering from a mental illness," the statement said.

"No action has been commenced on that basis. Proceedings against his former and only surviving club employer, Parramatta District Rugby League Club Ltd (in liquidation), have been commenced to prevent the company from winding up in liquidation, in order to properly seek relevant information from them.

"Mr Horsnell's injury places him in an extremely difficult position both physically and financially."

Horsnell's action comes just months after former NSW winger James McManus began Supreme Court proceedings against former club Newcastle. McManus' case centres around claims the Knights had breached their duty of care to him in a series of head knocks – including one incident in which he claims he was directed to continue playing until the end of a semi-final against Canterbury – that ultimately resulted in a premature retirement and a spate of ongoing health issues.

McManus' lawyer, Doug Williams, believes the McManus and Horsnell cases could prompt other former players suffering from concussion-related issues to explore their legal options.

"Concussions are a serious ongoing issue in contact sports," Williams said.

"If a player believes that they have been treated inappropriately by their club they have to right to proceed to court.

"I think there is the genuine prospect of other NRL players with similar injuries looking at their legal options."

Both players have done it tough in retirement. While the Knights have provided McManus with a job after football, he has suffered from a raft of ailments including headaches and mood swings. Horsnell was misdiagnosed as having a brain tumour in 2004, prompting a charity match to be played in his honour. The Men of League foundation has helped him fund some of his health bills as he struggles to make ends meet.

If, as expected, Horsnell's action broadens to include the NRL, it will examine how much the governing body knew about the issue of concussions and whether it acted as quickly and appropriately as other sports.

 

[El Diablo]

If, as expected, Horsnell's action broadens to include the NRL, it will examine how much the governing body knew about the issue of concussions and whether it acted as quickly and appropriately as other sports.

he only played 16 games in the NRL

obvious he's had a few head knocks

 

[Barry O'Speedwagon]

http://www.smh.com.au/rugby-league/...amatta-eels-legal-action-20170512-gw3p7x.html

Brett Horsnell breaks silence over Parramatta Eels legal action

• 
  Adrian Proszenko

Brett Horsnell says he had "no choice" but to take legal action against former club Parramatta amid warnings other players are set to follow suit over the game's handling of concussions.

Horsnell has taken action against the Parramatta District Rugby League Club in a landmark case that is likely to also include the NRL. The legal firm handling the matter for Horsnell, Certus, is acting for other athletes who have suffered continued ill effects from concussions, raising the spectre of more claims being lodged against clubs and the governing body.

Horsnell made 154 first-grade appearances for the Gold Coast Giants, South Queensland Crushers and the Eels, playing his last two seasons for the latter. The Eels are the only body left to sue after the Giants and Crushers disappeared from the league landscape.

The journeyman forward was reluctant to take his former club to court, but felt he had little option after a series of head knocks left him in a difficult physical and financial position.

"I gave a large part of my life to the game I love," Horsnell said in a statement provided to Fairfax Media.

"I did not want to take any action or make anything public about myself, my injuries, or the game. Unfortunately I have had no choice but to take legal action as my only remaining option.

"I would like to sincerely thank the medical specialists who have treated me, and given me the news I didn't want to hear, but needed to hear".

Horsnell's legal team also issued a clarification in relation to the nature of the legal action.

"Mr Horsnell wishes to correct speculation surrounding his mental health, and confirm he is not suffering from a mental illness," the statement said.

"No action has been commenced on that basis. Proceedings against his former and only surviving club employer, Parramatta District Rugby League Club Ltd (in liquidation), have been commenced to prevent the company from winding up in liquidation, in order to properly seek relevant information from them.

"Mr Horsnell's injury places him in an extremely difficult position both physically and financially."

Horsnell's action comes just months after former NSW winger James McManus began Supreme Court proceedings against former club Newcastle. McManus' case centres around claims the Knights had breached their duty of care to him in a series of head knocks – including one incident in which he claims he was directed to continue playing until the end of a semi-final against Canterbury – that ultimately resulted in a premature retirement and a spate of ongoing health issues.

McManus' lawyer, Doug Williams, believes the McManus and Horsnell cases could prompt other former players suffering from concussion-related issues to explore their legal options.

"Concussions are a serious ongoing issue in contact sports," Williams said.

"If a player believes that they have been treated inappropriately by their club they have to right to proceed to court.

"I think there is the genuine prospect of other NRL players with similar injuries looking at their legal options."

Both players have done it tough in retirement. While the Knights have provided McManus with a job after football, he has suffered from a raft of ailments including headaches and mood swings. Horsnell was misdiagnosed as having a brain tumour in 2004, prompting a charity match to be played in his honour. The Men of League foundation has helped him fund some of his health bills as he struggles to make ends meet.

If, as expected, Horsnell's action broadens to include the NRL, it will examine how much the governing body knew about the issue of concussions and whether it acted as quickly and appropriately as other sports.

So, in fact, when all you buggers jumped like Erin Molan all over the 'mental health' claim, and got stuck into Horsy, and Barry pointed out that there was no evidence that he was making a claim regarding mental illness, and that maybe you merkins shouldn't be so quick to judge, who was right?

And when Barry said:

The Parra Leagues Club Annual Report 2016 still shows balances owing from the PDRLC (in liquidation).

There was a meeting of creditors and members scheduled for April 21 2017, calling for proof of debt. This may have triggered the case at issue.

https://insolvencynotices.asic.gov....02254980/cb1c11cd-aae9-4848-81db-3ef8fc5d560b

Who was right?

Barry 2
Pseudo-Erin Molans 0

 

[Gronk]

Good luck with proving to the court that he did not have a pre-existing condition when arriving at the Eels.

I assume that his team have the tapes of his dozen games and are claiming contributory negligence.

Every merkin deserves his day in court.

 

[Barry O'Speedwagon]

Good luck with proving to the court that he did not have a pre-existing condition when arriving at the Eels.

I assume that his team have the tapes of his dozen games and are claiming contributory negligence.

Every merkin deserves his day in court.

It doesn't necessarily matter whether he had an existing condition. He needs to establish that our negligence and/or that of the NRL made it worse. It's not technically contributory negligence on our part (that applies to the behaviour of the claimant i.e. Horsnell)..

 

[Twizzle]

Proszenko pretty much proving right here that he's an ambulance chaser.

Does he even commentate on League anymore ?

 

[El Diablo]

http://www.theaustralian.com.au/spo...n/news-story/00691cc2cdff35ebfa5c7ad22cec2d64

Brett Horsnell to claim he suffers from disease that cost NFL a billion

• The Australian
• 12:00AM May 13, 2017
• Brent Read
  

Former Parramatta player Brett Horsnell’s legal suit against the Eels and the NRL will be based to a significant extent on medical evidence that he suffers from chronic traumatic encephalopathy, the degenerative brain disease that led to a billion-dollar class action against the NFL in the US.

The Weekend Australian has been told Horsnell’s case includes an affidavit from a Gold Coast neurologist confirming he is almost certainly suffering from CTE, most likely stemming from a series of concussions over his decade-long playing career. His case against the Eels has begun in the NSW Supreme Court and he has also commenced pre-trial proceedings against the NRL and ARL Commission in the Queensland legal system. His other former clubs, the Gold Coast Giants and South Queensland Crushers, are likely to be involved as he becomes the first Australian sportsman to raise the issue of CTE.

The Weekend Australian has been told details of the affidavit from Gold Coast neurologist Ian Maxwell who notes that Horsnell claimed he was concussed at least once a year — and up to three or four times some years — during his time in the premiership.

He also notes that Horsnell suffers problems with long and short-term memory as well as attention and concentration issues, and was a “little blunted” in response to instructions, indicating he “probably has CTE”.

CTE is a degenerative brain disease most commonly found in people who have had repeated blows to the head. The disease was found in NFL players who had suffered problems in retirement resulting in a series of suicides.

Diagnosis of CTE mostly involves an analysis of the brain after death but it is understood it is now possible to make live diagnoses.

The affidavit in the Horsnell case notes he underwent a series of medical examinations in March and April 2015 which indicated he suffered from the condition. The affidavit continues: “The matter to be tried is a serious matter and may represent a test case for other claimants into the relatively recently discovered injury of CTE.”

Horsnell broke his silence yesterday in a statement issued through his legal team, insisting he was not suffering from mental health issues but had problems that had placed him in an extremely delicate position both physically and financially.

“I gave a large part of my life to the game I love,” he said. “I did not want to take action or make anything public about myself, my injuries, or the game. Unfortunately I had no choice but to take legal action as my only remaining option.

“I would like to sincerely thank the medical specialists who have treated me, and given me the news I didn’t want to hear, but needed to hear.”

Horsnell’s legal team, Certus Legal Group, added: “Mr Horsnell wishes to correct speculation surrounding his mental health, and confirm he is not suffering from a mental illness. No action has been commenced on that basis.”

During a 10-year career in the premiership, Horsnell played 82 games for the Gold Coast Giants, 38 games for the South Queensland Crushers and 34 games for Parramatta. He began proceedings against the Parramatta District Rugby League Club because the organisation was placed in the hands of liquidators, with the NRL side falling under the umbrella of the Parramatta Leagues Club.

The emergence of CTE as an issue in the NFL eventually led to a billion-dollar settlement for former players. At the heart of that argument was the claim that the NFL had deliberately ignored medical evidence and advice on the danger of head knocks.

There has been no suggestion the NRL has done the same. Rather, the NRL has reacted to the problems in the US by toughening its rules around head knocks with a ban on the shoulder charge and stringent measures to govern the incidents of concussion.

Those rules weren’t in existence when Horsnell was playing, although neither was the threat of CTE known. While Horsnell’s case is due in court on May 22, Newcastle winger James McManus’s case against the Knights will return to court next week.

McManus has launched legal proceedings against Newcastle after he was forced to retire due to a series of head knocks, the last of which he suffered in 2015. Like Horsnell, he has suffered a series of health issues in retirement after being diagnosed with minor brain damage and scarring of the brain.

 

[El Diablo]

His case against the Eels has begun in the NSW Supreme Court and he has also commenced pre-trial proceedings against the NRL and ARL Commission in the Queensland legal system

lol

the ARLC didn't come into being until years after this knob jockey retired

not even the NFL knew about CTE when this joker played

 

[Twizzle]

so if he cant get any cash from us, he'll try the NRL, and if they dont cough up he'll give the ARL a go

 

[IFR33K]

Sounds like he really loves the game..but loves money just a little more.

 

[Gronk]

TBH I think that the above report linking the NFL case to this is cheeky. I posted pages ago the crux of the case that the NFL withheld medical advice from players regarding lasting effects from concussion.

So the duty of care case there ($B settlement ) is way different to the duty of care allegation here.

 

[Barry O'Speedwagon]

lol

the ARLC didn't come into being until years after this knob jockey retired

not even the NFL knew about CTE when this joker played

So what if this particular condition was not well-defined at the time? We certainly did know that allowing players to continue playing when concussed exposed them to risk of brain injury. It comes down to whether or not he can show that the club / NRL acted negligently if and when there were symptoms of concussion. And then, it would be a matter of establishing the extent to which that treatment contributed to his present condition. I doubt he'll win, but I don't have any idea of the amount and type of specific evidence that remains.

He won't win by virtue of saying that the game involves taking head knocks.....that's fine.....you consent to that when you walk on the field.

Good to see you attacking a bloke who is in a bad way.

 

[T.S Quint]

Sounds like he really loves the game..but loves money just a little more.

I love money way more than I love rugby league.
Anyone who says otherwise is either lying or an idiot.

 

[Happy MEel]

I hope for Brett's sake that the medical report of his diagnosis is a bit more conclusive than "almost certainly" and "probably has CTE", otherwise he will be up for some pretty hefty legal bills.

He'll need to prove he actually has the condition now before even considering the effects of any head knocks decades earlier.

 

[IFR33K]

The nrl doesn't have the market or money like the NFL. The ramifications of this court case could be huge. It could open the floodgates for many former players to pursue action.

Would clubs/nrl survive multiple cases against them???

 

[El Diablo]

don't worry

he has no hope at all

 

[parra pete]

I hope he gets what he is entitled to, without any awarded sum being swallowed up by Solicitors/Barristers/Legal Fees
What we do if it was US with the injury????
Good luck with it all Brett...

 

[Bazal]

The attitude of many NRL fans us absolutely hilarious. Pathetic, but hilarious....

 

[Gronk]

The attitude of many NRL fans us absolutely hilarious. Pathetic, but hilarious....

Nothwithstanding Mr Horsnell, his medical condition and his right to persue restitution, you can hardly be surprised that members on a Parra forum are rallying in favour their club who is under "attack".