AFL great Liam Picken sues the AFL, Western Bulldogs and its doctors over brain injuries

By William On Mar 9, 2023

Footy great Liam Picken is suing the AFL, his former club and his doctors for failing to protect his health during his 198-game career.

Picken, now aged 36, was a premiership winning player for the Western Bulldogs in 2016 and played for the club from 2009 to 2017.

The AFL champion has made no secret of the impact his stellar career had on his health, stating in 2020 that upon his death he would donate his brain to science to support future concussion research.

Liam Picken in May 2017 for the Western Bulldogs. He claims his career was cut short by a brain injury

Liam Picken was knocked out against the Hawks at Mars Stadium on March 3, 2018 in Ballarat. He claims he was immediately put back to work

In documents filed with Victoria’s Supreme Court on Wednesday, Picken claimed the AFL, Bulldogs and his doctors Gary Zimmerman and Jacob Landsberger had all failed in their duty of care to protect him from brain injury.

Picken has spoken openly since taking the boots off about the plight he claims to have been caused by multiple concussions.

In 2018, he took to social media in hopes of shedding some light on the dark topic of sports.

“Concussion is an extremely complex injury with so many unknowns. It’s also an injury that not many people really understand,” he wrote.

“And because it’s an injury with symptoms less visible to others, as opposed to breaking a leg, etc., it’s hard for others to understand what you’re going through. It can even be a lonely and dark road to walk.”

Picken has charged the four plaintiffs with dereliction of duty, negligence and breach of contract.

In a review of his injuries, the former midfielder stated that he suffered a brain injury with multiple post-concussion symptoms, including lethargy, lack of performance, poor concentration, irritability, dejection and severe levels of depression, anxiety and stress.

He further suffers from ‘impairment of the cognition development of photophobia’ and impairment of sleep and high attention.

Picken goes down in a sickening confrontation with the Hawks

Picken claims it was his brain injury that ended his AFL career in April 2019.

“As a result of his injuries, the plaintiff has become completely incapacitated to perform internships consistent with his academic, vocational and commercial training,” the summons said.

Picken had earned a bachelor’s degree and a master’s degree in international finance and business, which he had hoped to rely on after football.

His lawyers have so far claimed lost earnings and will continue until retirement age.

Picken has outlined a series of pitch incidents he claims were mishandled by the Bulldogs dating back to 2011.

Despite tests indicating he had performed below the normal range for human brains, Picken claims he was immediately returned to work.

Picken claims he was not referred to sports-related concussion experts or referred for an MRI for further investigation.

Picken is helped off the field after a brutal confrontation with Fremantle

Picken was injured after crashing into a goal umpire in 2013

The former player highlighted a particularly sickening incident during a collision with Freemantle in 2001.

The premiership hero suffered a concussion when Tommy Sheridan landed on his head in the second quarter and was left alone on Subiaco’s turf as play continued around him.

Picken claims the collision left him with a “clear diagnosis of brain injury or concussion.”

Despite the severity of the blow, Picken claims he was not given a SCAT 3 test – a test used to assess concussion in athletes.

“The (AFL) knew or should have known that the plaintiff suffered a brain injury or concussion in the April 8, 2017 incident,” the subpoena said.

Picken went on to claim that the Bulldogs knew it too.

Five days after that incident, Picken claims he underwent a Digital Cognitive Assessment, in which he recommended waiting for symptoms to subside before taking another post-injury test.

Those test results were never provided to him and he immediately returned to full training.

Picken was eliminated against the Hawks in Ballarat

Liam Picken and Annie Nolan arrive at the 2016 Brownlow Medal. Picken claims his wife’s concerns were ignored by the Bulldogs

Picken claims he received similar treatment after a nasty head clash against the Hawks in 2018.

Picken has criticized the AFL for failing to develop rules, policies and procedures related to dealing with concussions.

He further claimed that the AFL had failed to enforce rules, policies and procedures and ensure clubs adhere to them.

Picken claimed the competition was necessary to educate clubs and players about concussion symptoms and risks associated with resuming play and to require certification for fitness to play from qualified concussion experts.

In a list of damning allegations to the AFL, Picken claims his own wife’s concerns were repeatedly ignored by the club.

He also denounced the club doctors, stating that they failed their duty of care in 10 different ways, including releasing him to play football when he was clearly unwell.

The AFL has not responded to questions from Daily Mail Australia.

PICKED WHEN DEALING WITH A REPIECE

In a 2018 tweet, Picken outlined the trauma of repeated head injuries.

‘Then a small minority do not recover so quickly from a concussion and have a longer road to recovery. Those people are usually diagnosed with post-concussion syndrome, like me,” he said.

Picken detailed the long list of symptoms that had caused him problems.

“Some of the symptoms that have affected me include sensitivity to light and sound, ringing in my ears, vision, headaches, migraines, mental well-being, memory function, and impaired balance,” he wrote.

“Some of them I still have and others I have fully recovered. I hope it can be any day now.

“But one of the hardest parts of post-concussion syndrome is not knowing when you’re going to get better. People are still asking what’s wrong with me or why I’m not playing yet. And while it’s been made clear to me that I’m on my way to full health, the timeline is unclear.”

He hoped that by speaking out he would help other people with concussions understand.

“I want to encourage anyone who may have been hit, suffered a concussion and isn’t feeling 100 percent to speak up and get help,” he said.

“And hopefully my transparency has helped others who may feel lonely on their journey.”