The family of a rugby league player who died following a match on the NSW North Coast claims the tragedy could have been prevented with better concussion protocols after reaching an out-of-court settlement with the game’s governing bodies.
Grant Cook was playing for the Murwillumbah Mustangs in a semi-final against Casino in 2016 when he suffered a hypoxic brain injury after his head hit the ground following a contentious tackle. The 28-year-old father of two children, aged five and three at the time, died shortly afterwards at Gold Coast University Hospital.
Grant and Colleen Cook.Credit: Facebook
An inquest into Cook’s death revealed troubling gaps in concussion protocols at the community level, including inadequate concussion training, a lack of proper medical equipment, and poorly enforced return-to-play policies.
The Country Rugby League (CRL), under whose auspices the game was played, was found to have no formal concussion protocols in place, nor was there any accredited training for medical personnel attending games at the time.
The CRL was wound up and absorbed into the NSWRL just as the inquest’s findings were being delivered in October 2019. The inquest also found that crucial questions which would have established that Cook suffered a trauma-related cardiac arrest were not asked by ambulance dispatchers. As a result, a helicopter rescue service was not deployed.
The tragedy prompted surviving members of Cook’s family – widow Colleen, their children Carter and Mia, and Grant’s parents, Geoff and Jean – to launch a Supreme Court civil suit against three parties: CRL insurers Lloyd’s of London and Chubb insurance; NSW Ambulance; and Northern Rivers Regional Rugby League.
Grant Cook with wife Colleen and children Carter and Mia.Credit: Facebook
The parties recently settled the matter.
While relieved the matter had been resolved, Cook’s parents called for stronger reforms to better protect athletes at all levels from the dangers of head injuries and the necessity for legislation.
“The law protects the sport, not the participant,” Geoff Cook told this masthead. “If you suffer a major injury, even death, there is no provision for compensation unless you can prove negligence. In New Zealand, the Accident Compensation Corporation (ACC) provides comprehensive, no-fault personal injury cover.
“ACC’s role as a statutory body is to help prevent injuries and get people back to everyday life if they have had a sports accident. It does this by funding tailored supports such as treatment, rehabilitation, and weekly compensation of up to 80 per cent of income.”
The Cook family acknowledged that progress has subsequently been made in making rugby league safer, but felt the overall response to the concussion issue remained inadequate. Geoff Cook pointed out the absence of any provision for compensation for athletes who suffer severe or fatal injuries, a situation exacerbated by the need for individual victims or their families to prove negligence in lengthy and costly legal battles.
Cook’s parents made a submission to the Australian Senate enquiry into concussion, calling for new legislation to govern the treatment of concussions in sport. Specifically, they proposed a “HIT, STOP, SIT” policy, which would mandate that any player suspected of having sustained a concussion be immediately removed from play until cleared by a medical professional.
The idea is inspired by similar laws in other countries, such as the United States’ Lystedt Law and Canada’s Rowan’s Law, both of which were enacted after young athletes died or were permanently injured due to prematurely returning to play after suffering concussions.
The Lystedt Law, passed in Washington state in 2009, requires athletes who show signs of concussion to be examined by a licensed healthcare provider before returning to play. Rowan’s Law, introduced in Ontario, Canada, follows a similar approach and includes mandatory concussion education and strict protocols for all sports organisations.
“Grant’s death could have been prevented had proper protocols been in place,” Geoff Cook said.
“We need a law that ensures every athlete, from the youngest player in a community club to professionals, is protected from the potentially life-threatening consequences of concussion.”
