Manchester United are accused of failing to treat a former player’s injury “promptly” and “appropriately”, leaving him with more serious long-term problems and damaging his career, according to £1 million legal documents obtained by Sky News.
Defender Axel Tuanzebe is still at Burnley in the Premier League but has accused United of preventing him from playing “without restrictions or obstacles”, which is impacting on his career and income.
The landmark lawsuit, brought by a footballer alleging clinical negligence, shines an unprecedented spotlight on the inner workings of the leading club’s alleged medical care and injury handling.
The suit, filed at the High Court in London, says the 27-year-old Congolese player “expects to be awarded damages in excess of £1 million”.
The United academy graduate will leave the club after 17 years in 2023 before spending two seasons at Ipswich Town before signing for Burnley in June. United declined to comment.
The case centers on stress fractures in the back of the spine, which the British Association of Spine Surgeons say football players are more susceptible to.
Tuanzebe suffered a left-sided Parr fracture in January 2020, and in July 2022, he also developed a right-side Parr fracture, which has become chronic.
“With an appropriate treatment plan, plaintiff would have avoided the pain and discomfort described below and would have been able to play professional soccer at an elite level without limitation or disability,” the complaint states.
“As it stands, he continues to play at an elite level, but this has affected his career and income.”
Details of the injuries were not previously reported.
Axel Tuanzebe currently plays for Burnley
The case focuses on how an MRI scan from early 2020 was interpreted after he injured his hamstring in the League Cup game against Colchester in December 2019.
A suspected partial fracture was detected, which refers to a lumbar spinal stress fracture that can occur due to repetitive movements in athletes.
“It is Plaintiff’s case that Defendant (United) negligently failed to properly investigate Plaintiff’s partial fracture, failed to stabilize Plaintiff, and failed to refer Plaintiff to a specialized sports spine surgeon,” the complaint states.
“As a result, the complainant’s condition progressed significantly to bilateral Grade 4 fractures and she developed a chronic vertebral fracture on her left side.
“If the plaintiff had been properly rested, the partial fracture on the left side would not have developed into a chronic disease, and the fracture on the right side could have been avoided entirely.”
The fracture, which developed by July 2022, caused Tuanzebe “significant pain and discomfort since its onset and worsening.”
“An expert sports spine surgeon would have recommended 12 weeks of rest.”
According to the complaint, United “failed to refer him to a specialist sports spine surgeon” in January 2020, who would have recommended at least 12 weeks of rest to allow the fracture to heal.
However, Tuanzebe returned to action in United’s Premier League 2 development competition by March 2020, and returned to first-team action in October in the Champions League against Paris Saint-Germain in France.
“He’s a great defender, a great leader,” United manager Ole Gunnar Solskjaer said afterward, adding: “He’s going to be a top player for us and he has the personality and attitude that a Man United player should have.”
Axel Tuanzebe spent the past two seasons at Ipswich.
In December 2020, Tuanzebe told United that he was suffering from hamstring pain after a sprint. Despite concerns earlier this year, the lower spine “was not imaged at this time,” the complaint states.
“By allowing Plaintiff to train and play normally during February and March 2020, and thereafter, Plaintiff suffered more severe symptoms than he would have had he received prompt diagnosis and appropriate treatment, including rest,” the lawsuit states.
It claims that an “appropriate treatment plan” was first developed three years later, in April 2023.
“With an appropriate treatment plan, plaintiff would have avoided the pain and discomfort described below and would have been able to play professional soccer at an elite level without limitation or disability,” the complaint states.
“As it stands, he continues to play at an elite level, but this has affected his career and income.”
Sent for scanning during rental to Napoli
While on loan at Napoli in January 2022, the Italian club sent Tuanzebe for tests due to pain in his left flank.
United were informed by Tuanzebe that he was having difficulty getting out of bed and into his car.
However, United Seniors club doctor and head of sports medicine and science Dr Steve McNally, who left the club after 16 years for his role with PGMOL in December 2022, is said to have “demonstrated there is no urgency” to return home for tests.
Dr McNally is said to have told Tuanzebe that it was “most likely” that it was “inflammation of the disc or a change in posture rather than a stress issue” and that it was not something serious and “usually resolves physiologically”.
The suit focuses on the period from January 2020 to January 2022, and alleges United “failed to properly assess, record or attempt to treat the plaintiff’s fracture during the acute phase” during a period when further regular medical examinations were required and appropriate time off from training and playing was required.
The trial continued until the following month, February 2022.
According to the lawsuit, Dr. McNally ruled out a stress fracture based on the CT scan results, but said there may be “inflammation of the facet joints between the vertebrae.”
However, Napoli’s club doctor said that analysis of the CT scan showed a potential stress fracture, described as “chronic incomplete lysis of the L5 isthmus with an intact epicortical profile”.
Dr McNally reportedly replied: “Don’t think that’s the cause of your current pain,” as it was already visible on a CT scan in 2017.
painkiller injection
Based on a referral from United, Tuanzebe was recommended for pain relief injections in March 2022.
Despite complaining of pain in June 2022, Tuanzebe took part in United’s pre-season tour of Thailand the following month, but subsequently asked to return to England for treatment.
After further MRI and CT scans, a stress fracture in the spine was reported in a medical report in August 2022.
He was able to return to full training by January 2023 and joined Stoke on loan until the end of the season, but continued discomfort limited him to just five appearances.
United then released Tuanzebe rather than trigger a one-year contract extension.
“By allowing Plaintiff to return to training and playing after August 17, 2022, including intense strength conditioning, conditioning, and running programs, Plaintiff suffered more severe symptoms than he would have had he received prompt diagnosis and appropriate treatment with rest,” the complaint states.
The “Particulars of Claim” setting out the basis of the lawsuit was submitted after Mr Tuanzebe’s signature on October 27.
