The England World Cup winners Steve Thompson and Mark Regan have accused the Rugby Football Union of “suppressing their medical records” in a significant escalation of their landmark legal battle over brain injuries.
In a letter sent to the Information Commissioner’s Office they and 42 other former players have called for an “urgent investigation” into the failure of the RFU and other rugby bodies to hand over personal data that is pertinent to their case and could be crucial to their clinical treatment. The letter has also been signed by rugby league and amateur players, as well as families of dead former players.
The former England duo have written to the information commissioner as representatives of a wider group of 295 former players, who are taking legal action against World Rugby, the RFU and the Welsh Rugby Union for allegedly failing to protect them against brain injury.
This bigger group includes the former Wales stars Gavin Henson and Colin Charvis so the WRU is also included in the complaint, as is the Rugby Football League because another group of former rugby league players – including the former Great Britain captain Bobbie Goulding – are also suing.
The letter claims the RFU and WRU have failed to provide medical records and other documents needed to assist the players’ clinical needs that were first requested last December, and calls on the information commissioner to investigate. The players acknowledge the RFU has provided “a small number of medical records in their possession, although many documents are still to be disclosed”, but claim that “the WRU have failed to disclose a single document relating to our personal data”. It is claimed that the RFL has failed to disclose any documents.
“We have all suffered brain injuries as a result of what we consider having been neglect,” the letter states. “Some of our cohort have committed suicide. We are suffering from a variety of neurological impairments such as dementia, chronic traumatic encephalopathy, motor neurone disease, Parkinson’s disease and epilepsy.
“For the avoidance of doubt: many of the documents we have requested relate to our medical histories from playing sport. As such, they contain crucial information which we urgently require to assist our doctors so that they can provide us with clinical support. We believe that the organisations are not making the best, or reasonable efforts, to locate and disclose the documents about us which they must have. We urgently request that you investigate this matter and are willing to cooperate with any such investigation.
“All signatories to this letter have been diagnosed with a neurological impairment. Many sportsmen and women have committed suicide and/or died young as a result of their brain injuries. Many rugby players appear to have had their data suppressed by the organisations, but it is impractical to have them all sign this letter. We are therefore a select group of signatories who represent the wider group.”
The RFL declined to comment. An RFU spokesperson told the Guardian it has complied with all subject access requests for personal data, although that is disputed by the players’ solicitors, Rylands Garth. A WRU spokesperson said: “We reject any suggestion that the Welsh Rugby Union has or is suppressing information.”
The RFU is also understood to be seeking clarity from Rylands Garth over the details of the players’ claim, which have yet to be received. A legal case has been likely since Thompson first revealed he was suffering from dementia in an interview with the Guardian four years ago, but a trial will not take place until next year at the earliest.
At a pre-trial hearing at the Royal Courts of Justice in May, Senior Master Cook rejected an application from Rylands Garth for a group litigation order and admonished both sides for the slow exchange of information. The rugby authorities were also ordered to provide worldwide medical records relating to the players involved by July, but appear to have missed this deadline.
