Documents lodged with the Supreme Court this week state under the current regulations,no AFL club shall allow a player to train or play in any match where they are suspected to be not in a fit state to play.
But Picken’s legal team alleges that during his time with the Bulldogs,he repeatedly recorded irregular and below-average baseline tests. Despite these results,Picken said he was never made aware of them,referred to an expert in concussion management or sent for further testing such as brain scans.
Throughout this time,he said he also continued training with the club and competing in AFL games.
“A number of the plantiff’s baseline test reports expressly stated that the plaintiff had performed below the normal range on the test as compared to his matched peer group,” his statement of claim says.
Court documents filed reference two specific head knocks of particular concern,one during a round-three game against Fremantle in Perth in April 2017,and a preseason match against Hawthorn in Ballarat in March 2018.
During the incident against Fremantle,Picken clashed with an opposition player during a marking contest and as a result,the Dockers player pressed Picken’s head into the ground.
At Ballarat in 2018,Picken was knocked out during a marking contest. In both instances,his legal team alleges,he was assessed for and diagnosed with concussion before returning to training almost immediately.
As a result,his lawyers allege those including the AFL were negligent and allowed Picken to be exposed to unnecessary risk or harm.
As for the Bulldogs,court documents allege the club also failed to ensure Picken’s safety and allowed him to return to full training and competition matches when it was unsafe to do so.
“Liam is greatly affected by it all and we say with proper medical care,his injuries could’ve been avoided,” Tanner said.
“The AFL’s rules and regulations,they had created,were not followed.
“Liam was also never made aware of him failing any of his cognitive assessments. He[also] did not understand the full extent of his injuries or his symptoms.”
Picken retired from football in 2019 and court documents filed on his behalf allege this was as a consequence of his injury,with club doctor Zimmerman later providing him with an end-of-career medical assessment that specifically cited post-concussion syndrome.
His legal team said Picken’s brain injury has left him with ongoing headaches,lethargy,irritability,poor concentration,severe levels of depression,anxiety and stress.
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In documents filed,they are claiming a loss of earnings and ongoing medical costs.
“The plaintiff,prior to his last game of football for the purpose of his post-football career,had obtained undergraduate and a masters degree in international business and finance. The plaintiff,as a consequence of his injures,has been totally incapacitated from undertaking placements consistent with his academic,vocational and commercial training.”
Picken has previously spoken out about his battles to overcome ongoing concussion issues in the hope of helping others. He has also pledged to donate his brain posthumously to help research on the issue.
Concussion is becoming a legal battleground for the AFL and clubs with other cases already going before the courts and players seeking legal advice about taking concussion-based legal claims against the league.
Last week,former AFLW Collingwood vice captain Emma Grant alsolaunched a civil lawsuit against the Pies after suffering prolonged concussion which resulted in her early retirement. The 33-year-old utility suffered a debilitating head injury during a preseason practice match in 2020.
An AFL spokesperson said the league was yet to receive any formal notification regarding Picken’s action.
“The health and safety of players at all levels of the game is the AFL’s key priority and we take concussion and the protection of the brain health of all those playing our game extremely seriously.”
The defendants will file their defence responding to the claims at a later date.
The Bulldogs declined to comment.
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