HORNERS SYNDROME COMPENSATION CLAIMS

Horner's syndrome is caused by injury to the sympathetic nerves of the face and causes a constricted pupil, drooping eyelid and loss of sweat formation on the cheek or forehead of the affected eye. The amount of sweat we produce and pupil dilation and constriction are regulated by our nervous systems automatically without our knowledge or control. Damage to this system will affect those automatic controls which may become inoperative. Horners syndrome results from an interruption of the sympathetic nerve fibres which start in the brain and run via the upper spinal cord to the face. Damage to these nerves can result from a birth injury, a congenital defect, a stroke in the brainstem, injury to the carotid artery or a tumour in the upper lobe of the lung.

Whilst a birth injury is one of the less likely causes of Horners syndrome it is sometimes associated with brachial plexus injuries which may be as a result of medical negligence. The brachial plexus is a network of nerves that runs from the neck, across the shoulder, through the arms to the tips of the fingers and any trauma that is sufficient to cause a tearing or rupture of these nerves may also be sufficient to disrupt the sympathetic nerves of the face.

There are well known risk factors for Horners syndrome and a failure to recognise them and act appropriately may lead to a finding of medical negligence. Factors which predispose a child to this type of injury include:

• failure to estimate the baby's weight before delivery
• failure to perform a caesarean section
• failure to diagnose and treat maternal diabetes
• failure to inform of the risks in vaginal delivery of a large baby
• failure to follow established methods to manage shoulder dystocia
• applying unnecessary and excessive force during the delivery

Most children will qualify for legal aid to take legal action for medical negligence even though the child's parents may have substantial income and assets as only the child’s income is taken into account. Claims for birth injuries are usually fully funded by the Legal Aid Board with no financial contribution being necessary from the parents. Less than 1% of UK solicitors are authorised by the Legal Aid Board to apply for Legal Aid for medical claims and our solicitors are all members of The Law Society panel of medical negligence experts and are franchised to make an immediate application for Legal Aid.

If your child's condition resulted from medical negligence we can help you assert your rights and get the compensation your child deserves. If you would like free legal advice then just complete the contact form and a member of The Law Society panel of medical negligence experts will contact you by telephone to discuss your child's claim.