England’s World Cup champions Steve Thompson and Mark Regan have accused the Rugby Football Union of “hiding their medical records,” marking a notable escalation in their landmark legal dispute concerning brain injuries.
In a correspondence directed to the Information Commissioner’s Office, they, alongside 42 other former players, have urged for an “urgent investigation” into the RFU and other rugby organizations’ failure to provide personal data crucial to their case and essential for their medical treatment. The letter has garnered signatures from rugby league and amateur players, as well as the families of deceased former players.
The former England players have formally reached out to the information commissioner representing a broader group of 295 ex-players who are engaged in legal action against World Rugby, the RFU, and the Welsh Rugby Union, alleging negligence in protecting them from brain injury.
This larger group includes former Welsh stars Gavin Henson and Colin Charvis, thus extending the complaint to the WRU, and also involves the Rugby Football League since another cohort of ex-rugby league players – including former Great Britain captain Bobbie Goulding – are also pursuing legal action.
The letter asserts that the RFU and WRU have neglected to provide medical records and other necessary documents requested last December to assist with the players’ clinical needs and calls upon the information commissioner to investigate. The players recognize that the RFU has supplied “a limited number of medical records,” although many documents remain undisclosed, stating that “the WRU has not disclosed a single document related to our personal data.” The RFL is also claimed to have not released any documents.
“We have all endured brain injuries due to what we perceive as neglect,” states the letter. “Some individuals in our group have taken their own lives. We are experiencing various neurological disorders including dementia, chronic traumatic encephalopathy, motor neurone disease, Parkinson’s disease, and epilepsy.
“To clarify: many documents we have requested pertain to our medical histories from our playing careers. Therefore, they hold critical information that we urgently need to provide to our doctors so they can support us clinically. We believe that the organizations are not making adequate efforts to locate and disclose our documents that they should possess. We urgently request your investigation into this matter and are prepared to assist with any investigation.
“All signatories of this letter have been diagnosed with a neurological impairment. Many athletes have committed suicide and/or passed away prematurely due to their brain injuries. Numerous rugby players seem to have had their data concealed by these organizations, but it is impractical for all of them to sign this letter. Thus, we represent a selective group of signatories advocating for the larger group.”
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The RFL chose not to comment. An RFU representative stated to the Guardian that it has fulfilled all subject access requests for personal data, though this is contested by the players’ legal representatives, Rylands Garth. A WRU representative asserted: “We refute any allegation that the Welsh Rugby Union has suppressed information.”
The RFU is also reported to be seeking clarification from Rylands Garth regarding the specifics of the players’ allegations, which have not yet been received. A legal case has been anticipated since Thompson initially disclosed his dementia diagnosis in an interview with the Guardian four years ago, but a trial will not occur until at least next year.
During a pre-trial session at the Royal Courts of Justice in May, Senior Master Cook denied an application from Rylands Garth for a group litigation order and reprimanded both parties for the sluggish exchange of information. The rugby authorities were instructed to provide global medical records related to the concerned players by July but appear to have missed this timeline.
