Mr Justice Hickinbottom today ruled that the club were 70% liable, whilst Dr Peter Mills, a well-known cardiologist, was 30% liable.
Mr Hamed was aged 17 in August 2006. He had just signed for Tottenham Hotspur Football Club and was playing in his very first game for them against Cercle Bruges. During the game he suffered a cardiac arrest and he has subsequently been left brain damaged. The specific condition from which Mr Hamed suffered was hypertrophic cardiomyopathy (HCM), a condition that hit the news in 2012 when the professional footballer Fabrice Muamba collapsed during a FA Cup tie whilst playing for Bolton Wanderers at White Hart Lane.
The club and Dr Mills were deemed to be liable due to background information that was available to them prior to the game in August 2006 but which was not acted on. In particular, an MRI scan had taken place a year or so earlier which Dr Mills felt could not exclude HCM. An ECG had also been performed which was said to be abnormal. Mr Hamed was never informed of these findings and subsequently signed a contract with Tottenham Hotspur. Six minutes into his first game for them he collapsed.
The High Court today ruled that Mr Hamed should have been informed of the risks that he faced as a result of the abnormal test results so that he could make an informed decision as to whether or not to play football. As he was not informed of the risks he was unable to make such a decision. Indeed, Mr Hamed had been told that he could continue training, which he consequently did.
At Fieldfisher we have experience in acting for professional sportsmen and sportswomen injured whilst participating in sporting events. We have represented many high profile sportsmen and sportswomen over the past 30 years and are the dedicated solicitors for Ourgamefootball, the UK's biggest network for amateur and semi-professional footballers.
"At a time when sporting injuries are very much in the news following recent tragic deaths in both hockey and cricket, and following a number of serious injuries during this year's Six Nations, it is pleasing to see that the Courts ruled for the family in Mr Hamed's case. Clubs owe their players a duty of care and it is clear that in this case such a duty was breached. I can only hope that Mr Hamed is now awarded suitable compensation that will enable him to receive the care and treatment he will clearly require for the rest of his life.
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