Six figure settlement for negligently performed endoscopic sinus surgery

We settled a claim for a client who had longstanding sinus difficulties which were attributed to polyps. As conservative management did not improve his symptoms, he underwent surgery to remove the polyps at a private hospital.

A micro-debrider, a hand-held surgical cutting tool with a rotary tip, was used during his surgery to shave bone or other tissues and was connected to suction to help clear blood and excess tissue from the site. Our client’s orbital bone was negligently punctured and the medial rectus eye muscle was damaged resulting in permanent double vision. 

As our client’s work centred on the use of computers, his ongoing double vision made this extremely difficult. He had been working his way up the salary ladder but his injury meant that he was slower and struggled to take on the volume of work he had previously, reducing his earnings potential. We therefore claimed for loss of earnings and a resultant loss of pension on his behalf. 

Our client had a young family and was unable to look after the children or maintain the house to the extent that he had previously. Due to the disabling nature of his injuries and their long- term impact, a large claim for care and assistance provided by his wife, as well as claims for future DIY costs and for child care were made.

In addition, our client’s injuries will require ongoing treatment from an ophthalmologist and long-term optician costs.

We settled the claim for a substantial six figure sum which reflected the ongoing nature of our client’s injuries and the significant impact on his daily life.  

The case was handled by Sarah Gubbins, associate in the clinical negligence team in our London office, and supervised by partner John Kyriacou.

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