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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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cw 6 hours ago
The coaching conundrum part one: Is there a crisis Down Under?

Thanks JW for clarifying your point and totally agree. The ABs are still trying to find their mojo” - that spark of power that binds and defines them. Man the Boks certainly found theirs in Wellington! But I think it cannot be far off for ABs - my comment about two coaches was a bit glib. The key point for me is that they need first a coach or coaches that can unlock that power and for me that starts at getting the set piece right and especially the scrum and second a coach that can simplify the game plans. I am fortified in this view by NBs comment that most of the ABs tries come from the scrum or lineout - this is the structured power game we have been seeing all year. But it cannot work while the scrum is backpeddling. That has to be fixed ASAP if Robertson is going to stick to this formula. I also think it is too late in the cycle to reverse course and revert to a game based on speed and continuity. The second is just as important - keep it simple! Complex movements that require 196 cm 144 kg props to run around like 95kg flankers is never going to work over a sustained period. The 2024 Blues showed what a powerful yet simple formula can do. The 2025 Blues, with Beauden at 10 tried to be more expansive / complicated - and struggled for most of the season.

I also think that the split bench needs to reflect the game they “want” to play not follow some rote formula. For example the ABs impact bench has the biggest front row in the World with two props 195cm / 140 kg plus. But that bulk cannot succeed without the right power based second row (7, 4, 5, 6). That bulk becomes a disadvantage if they don’t have a rock solid base behind them - as both Boks showed at Eden Park and the English in London. Fresh powerful legs need to come on with them - thats why we need a 6-2 bench. And teams with this split can have players focused only on 40 minutes max of super high intensity play. Hence Robertson needs to design his team to accord with these basic physics.



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