A former NRL player who claimed he was entitled to a $1 million settlement for a spinal injury that drove him into retirement has lost his lawsuit against the league’s insurance.
After his rugby league career ended abruptly in 2020, Ethan Lowe, a former player for the North Queensland Cowboys and South Sydney Rabbitohs, filed a civil lawsuit against the insurer in November 2023.
The 29-year-old injured his spine after a “crusher” tackle, forcing him to exit the game as a participant.
In the Federal Court case, Lowe contended that he should be qualified to make a claim since the tackle left him with a “permanent hemiplegia,” or total paralysis down one side of the body, and he was covered by the insurance.
He stated that tingling, weakness, poor balance, and numbness were among the condition’s symptoms.
He countered that they indicated he had trouble with routine activities like holding a cup steady, tying shoelaces, and walking the dog.
Nevertheless, Justice Ian Jackman dissented, finding that it was “clear on the evidence that Mr. Lowe does not suffer from complete or near complete loss of movement down one side of the body” in a ruling on Friday.
The judge dismissed the complaint, stating, “He therefore does not suffer from hemiplegia in the proper medical sense of the word.”
Despite the former player’s presentation to the court as an honest and trustworthy witness, Lowe’s state did not satisfy the condition’s criteria, even under the most “expansive” reading, he said.
Although the 2020 injury had significantly diminished the former NRL player’s strength and physical capacity, Justice Jackman ruled that his condition did not amount to “severe weakness”.
Between 2013 and 2020, second-rower Lowe participated in 143 games for the two clubs. In 2019, he also appeared in one State of Origin match for Queensland.
The judge stated that a prior spinal injury he had in a 2016 match “undoubtedly” contributed to the severity of his career-ending condition.
About the earlier occurrence, Justice Jackman stated, “He described an immediate tingling sensation throughout his body for a matter of seconds with a tingling numbness remaining in both hands.”
“He played throughout the rest of the game, which will not come as a surprise to those familiar with the nature and challenges of contact team sports.”
A contentious crackdown on crusher tackles, in which opposing players forcefully attack a ball carrier in the neck or spine, was previously praised by Lowe.
The NRL implemented penalties for the risky tactic in 2020.
