Former Wolves player wins High Court challenge against surgeon over unnecessary procedure which 'ended career prematurely'
A former Premier League footballer who claimed his career came to a “premature end” through an unnecessary procedure has won a legal challenge against a leading surgeon at the High Court.
Ex-Wolves striker Sylvan Ebanks-Blake, 39, had surgery after he broke his left leg during a match against Birmingham City in April 2013.
He said that during the operation to fix his leg, the surgeon, Professor James Calder, cleaned out the joint and removed some cartilage, which “gave rise to inflammation”, and sped up the development of osteoarthritis in his ankle.
He also said the surgeon failed to properly tell him the risks associated with the procedure.
Prof Calder denied the claims and said that if anything, the treatment prolonged the player’s career, as he continued playing for a further six years before retiring in 2019 after spells with Shrewsbury Town, AFC Telford United, Halesowen Town and Walsall Wood.
But following a trial in London earlier this year, Mrs Justice Lambert found that the surgery, known as arthroscopy, did contribute towards the decline of Mr Ebanks-Blake’s health.
She said on Thursday: “I am satisfied on balance that, but for the arthroscopy, the claimant would have returned to his pre-accident pain-free state.”
Mr Ebanks-Blake started his career aged 15 in 2002, playing for Manchester United’s youth academy, making his first team debut in 2004.
A year later, he suffered an injury to his lower left leg after being tackled, but was able to continue playing after taking the rest of the season off.
In 2008, he signed for Wolves and became their top goal scorer until the collision with a defender in 2013.
Mr Ebanks-Blake said in a witness statement to the court that the other player’s full body weight had landed on the lower part of his left leg, where he had received the previous injury.
He believed the damage was only to his ligament, and he drove home, but an MRI scan revealed a fracture.
After seeing Prof Calder, he underwent the ankle surgery that led to further complications and his eventual retirement.
In a previous hearing in July, Simeon Maskrey KC, for Mr Ebanks-Blake, 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, Prof Calder said the injuries were significant and that it would have been negligent not to have performed the surgery.
But Mrs Justice Lambert said Mr Ebanks-Blake had suffered a “modest acute ankle fracture only”.
She added: “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.”
The judge continued: “I am satisfied that the removal of the scar tissue and/or the removal of the degenerate cartilage was to cause the claimant’s pain.
“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.”
A further hearing to assess the amount of damages that are to be paid will take place at a later date.
