Sylvan Ebanks-Blakes
Former Wolverhampton Wanderers striker Sylvan Ebanks-Blake has taken legal action against Prof James Calder, alleging that the surgeon’s actions during a 2013 operation contributed to the premature end of his football career. Ebanks-Blake, who sustained a broken left leg during a match against Birmingham City, claims that the surgery, which included joint cleaning and cartilage removal, led to inflammation and accelerated osteoarthritis in his ankle.
Simeon Maskrey KC, representing Ebanks-Blake, said: “The onset of symptoms and the development and acceleration of osteoarthritis brought the claimant’s footballing career to a premature end.” 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 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, stated: “It is arguable that if Prof 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 added: “The defendant’s position is that through his judgment and skill he prolonged the claimant’s career. Far from curtailing the claimant’s career, the defendant will argue his clinical skills prolonged the career of a professional player who suffered a very serious injury.”
Ebanks-Blake’s legal team argues that the additional procedures performed during the surgery were not adequately explained to him, and he was not given the chance to weigh his options. The court is tasked with determining whether the information provided to Ebanks-Blake was sufficient for informed consent.
Prof Calder, on the other hand, maintains that his actions were necessary and that addressing the loose fragments and unstable cartilage was crucial. He contends that his intervention actually extended Ebanks-Blake’s playing career, allowing him to continue playing until his retirement in 2019.
The case, presided over by Mrs Justice Lambert, is set to conclude on Tuesday, July 22. The outcome will hinge on whether the court finds that the surgical consent process was indeed inadequate and if the additional procedures contributed to the early end of Ebanks-Blake’s career.
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