A leading law expert predicts the Melbourne Storm will strongly consider legal action as fears mount Tongan star Eli Katoa could be out of the game indefinitely following a series of head knocks before and during last Sunday’s Pacific Championship clash. Katoa was taken to hospital in Auckland after falling ill on the Tonga bench after suffering three head knocks – one in the warm-up and two in the game – against New Zealand.
The Storm back-rower required surgery to reportedly remove fluid from the brain after suffering “seizure activity” following the knocks. One of the clashes occurred during the pre-game warm-up when Katoa collided with teammate Lehi Hopoate, raising serious questions as to how he was allowed to take the field in the first place.
The Melbourne Storm won’t be happy about the Eli Katoa situation. Image: Getty/Supplied
The NRL has launched a full review into the matter as Katoa continues to recover in hospital. Katoa’s case has been compared to Warriors player Te Maire Martin, who was forced out of the NRL for three years after being diagnosed with bleeding on the brain in 2019.
The Storm continue to monitor the situation and are placing Katoa’s wellbeing ahead of any legal action at this stage. But former Wests Tigers chairman Lee Hagipantelis, who heads up Bryden Lawyers, said the club would have a strong case should it wish to take things further.
Eli Katoa copped three separate head knocks while playing for Tonga. (PR Image/Supplied by NRL Photos, Chloe Davis)
He told SEN radio: “The Melbourne Storm will be on to their lawyers, I would suspect. Potentially, absolutely (they’ve got a case). Melbourne Storm is the employer of the player and he’s owed a duty of care by a third party.
“The HIA protocols may only apply to the in-game injury, however, the duty of care owed extends well beyond the in-game incident to all incidents before, after and during the game. If there’s a breach of that duty by the third party which causes injury, loss or damage to the employer, there could be a loss of servitude claimed by the employer. The employer says ‘well, hang on, I’m now suffering as a result of your negligence and therefore I should be compensated’.”
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As Katoa continues to recover in hospital – where he is listed as stable – ex-Kiwi star Shaun Johnson became the latest big name to voice his concerns over the handling of the affair. “I’m just going to say it – there is going to be fallout over this,” he said on the ‘Play On’ podcast.
“There are going to be some heads that are rolled because I don’t know how Eli Katoa was allowed to take the field. I don’t get how it can even get to that point.”
Tonga officials have revealed they didn’t get access to footage of the pre-game incident and wouldn’t have let Katoa play had they seen it.