A former Premier League footballer’s career came to a “premature end” due to an unnecessary procedure carried out by a leading surgeon, the High Court has been told.
Ex-Wolverhampton Wanderers striker Sylvan Ebanks-Blake, 39, had surgery after he broke his left leg during a match against Birmingham City in April 2013.
He alleges that during the operation to fix his leg, the surgeon, Professor James Calder, also performed procedures, which included cleaning out the joint and removing some cartilage, that “gave rise to inflammation”, and sped up the development of osteoarthritis in his ankle.
He also says the surgeon failed to properly tell him the risks associated with the procedure.
Prof Calder is defending the claims and denies that there was a lack of time for the footballer to weigh up his options.
In written submissions, Simeon Maskrey KC, representing Ebanks-Blake, said on Wednesday: “The onset of symptoms and the development and acceleration of osteoarthritis brought the claimant’s footballing career to a premature end.”
Mr Maskrey said the footballer had suffered a previous ankle injury and, although this resulted in some “stiffness”, he had learned to adapt and it caused him no pain.
He continued: “The proposed procedure carried with it the significant risk that it would render the ankle symptomatic.”
Mr Maskrey also told the court the surgery consent process was “wholly inadequate”, and Ebanks-Blake was given “no opportunity of considering his options”.
He added that had his client been told that “wait and see” was a reasonable option, which ran the risk of the ankle becoming symptomatic and needing later intervention, “he would have taken that risk”.
Mr Maskrey said it was for the court to decide whether Ebanks-Blake “was provided with sufficient information to provide informed consent”.
Martin Forde KC, representing the surgeon, said in written submissions: “It is arguable that if Professor Calder had done anything other than what he did do, he would have been negligent for not dealing with the loose fragments and unstable cartilage.”
He continued: “The defendant’s position is that through his judgment and skill he prolonged the claimant’s career.
“The claimant’s case quite clearly is that his career was curtailed.”
Mr Forde also told the court that Ebanks-Blake’s witness statement is the earliest indication of his “dissatisfaction”, and before this, he had made positive comments about his recovery from injury.
He added: “Far from curtailing the claimant’s career, the defendant will argue that his clinical skills prolonged the career of a professional player who suffered a very serious injury.”
Mr Forde told the court that after the surgery, Ebanks-Blake continued playing football for a number of years, retiring in 2019.
The case before Mrs Justice Lambert is due to conclude on Tuesday July 22.
