A former Premier League footballer has won a court case against a leading surgeon, after the player argued an unnecessary procedure had brought his career to a “premature end”.
Ex-Wolverhampton Wanderers striker Sylvan Ebanks-Blake, 39, successfully brought a legal challenge in the High Court on Thursday, more than a decade after he suffered an injury playing for the club.
Ebanks-Blake broke his left leg in a match against Birmingham City in April 2013. He said that during an operation to fix the fracture, surgeon Professor James Calder also removed ankle scar tissue and loose cartilage.
Ebanks-Blake said the procedure “gave rise to inflammation”, and sped up the development of osteoarthritis in his ankle.
He also said the surgeon failed to properly inform him of the risks associated with the procedure.
Professor Calder denied the claims and argued the treatment prolonged the Premier League footballer’s career, as he played for another six years before retiring in 2019.
Judge Christina Lambert found the surgery, known as arthroscopy, did contribute towards the decline of Ebanks-Blake’s health.
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“I am satisfied on balance that, but for the arthroscopy, the claimant would have returned to his pre-accident pain-free state,” she said.
During the trial in London earlier this year, Ebanks-Blake’s barrister, Simeon Maskrey KC, said the “onset of symptoms and the development and acceleration of osteoarthritis brought the claimant’s footballing career to a premature end”.
Defending the claim, Professor Calder said the injuries were significant and that it would have been negligent not to have performed the surgery.
But Mrs Justice Lambert said Ebanks-Blake had suffered a “modest acute ankle fracture only”.
“Taking all of these factors into account, I am satisfied that the decision to undertake arthroscopy, and the other procedures, was neither reasonable nor logical,” she said.
“The removal of the scar tissue destabilised the joint by removing the cushioning and by altering the biomechanics of the joint leading to increased movement of the joint, increased instability and acceleration of degenerative change in the ankle joint.”
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Ebanks-Blake started his career in 2002 at 15, playing for Manchester United’s youth academy, making his first team debut in 2004.
He suffered an injury to his lower left leg after being tackled a year later, but was able to continue playing after taking the rest of the season off.
In 2008, he signed with Wolves where he became their top goal scorer, until the collision with a defender in 2013.
Ebanks-Blake told the court the other player’s full body weight had landed on the lower part of his left leg, the same area as the previous injury.
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He underwent the ankle surgery with Professor Calder that led to further complications and his eventual retirement, the court found.
Damages will be decided at a future hearing.
