What began as a routine injury treatment has ended in a landmark court victory for former Premier League striker Sylvan Ebanks-Blake.
In a ruling few expected, a High Court judge has found that an additional surgical procedure performed on the footballer was unnecessary and ultimately brought his top-flight career to an abrupt end.
Ebanks-Blake, now 39, has won a legal battle worth more than seven million pounds against his former surgeon.
The case centred on treatment he received in 2013 after suffering a lower leg fracture while playing for Wolverhampton Wanderers.
The former England Under-21 international argued that while the fracture itself was expected to heal, another operation carried out at the same time proved damaging.
According to the court, that extra procedure changed the course of his career forever.
On Thursday, Mrs Justice Lambert ruled in Ebanks-Blake’s favour. Therefore, the former striker is entitled to compensation, with the final figure to be decided at a later hearing.
In her judgment, the judge said it had been “neither reasonable nor logical” to carry out the operation on a patient who had been pain free at the time.
Ebanks-Blake had fractured his ankle in 2013 and was treated by Professor James Calder.
During the procedure, the surgeon also performed an arthroscopy, removed cartilage, and carried out a microfracture on the bone.
However, lawyers argued the additional surgery was unnecessary.
Moreover, the court heard that the footballer had no ankle symptoms before the operation. His legal team said the risks for an elite athlete outweighed any possible benefit.
After leaving Wolves, Ebanks-Blake’s career declined sharply. He moved to Ipswich Town, then drifted down the leagues. Meanwhile, pain and stiffness continued despite steroid injections.
His barrister, Simeon Maskrey KC, told the court, “His decision to stop was the result of the continuing pain and stiffness in the left ankle joint and not because of the fracture.”
In addition, Maskrey said the outcome of the surgery was devastating. He explained that Ebanks-Blake lost his income as a professional footballer and now needs ongoing physiotherapy and psychological support.
The defence strongly disagreed. Representing the surgeon, Martin Forde KC said, “The treatment provided by Prof Calder would be supported by a responsible body of trauma and orthopaedic surgeons with expertise in treating patients within elite sport.”
However, Mrs Justice Lambert rejected that argument. “I find that the defendant was in breach of duty in performing an arthroscopy on a previously symptom free claimant who had suffered a modest acute ankle fracture only,” she said.
Furthermore, she added, “I accept the evidence that the claimant’s ankle would have remained pain free for a period of three to five years during which time he would have been capable of playing football at a high level.”
Ebanks-Blake, a former Manchester United youth player, scored 64 goals in 193 appearances for Wolves between 2007 and 2013.
