The judge concluded by saying "it may well be that a medical assessment of brain injury of some kind, be it post-concussion syndrome or CTE or some other condition causally connected to concussive blows to the head can be established. While the focus of this appeal has been on CTE, I note that post-concussion syndrome and other possible diagnoses are included in the appellant's claim … These merit fuller investigation by ACC".
Irene Gottlieb-Old, Geoff's wife, said the process had been gruelling and she was unhappy at some of the medical evidence presented on behalf of the ACC. She noted that brain injuries were held to a higher evidential threshold than others.
Although it might not help her husband's case, she also took heart in the judge noting that there could be no prejudice because of the late claim – the Olds claim was made in 2016, 21 years after his playing career ended.
"He noted the symptoms might appear much later and used the example of asbestos," she said.
The Herald yesterday reported that a lawsuit was being prepared in the United Kingdom that could involve up to 70 ex-rugby players affected by cognitive dysfunction in their post-playing days.
"From what I understand, it's a pretty ever-growing list of [players]. I think it's going to be something quite substantial that's going to come from it," said Carl Hayman, the 45-test All Black prop, who was contacted by lawyers but declined to take the tests.
It is expected the lawsuit will seek damages for players and argue that rugby authorities have known about and underplayed the potentially seriousness of repetitive head injuries.