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Robert Herbert pictured with his caring dad, Andrew.

Christmas for most children is a time of excitement and anticipation - but for six-year-old Robert Herbert it could just be another day.

Robert, who suffers from Fetal Anti Convulsant syndrome, has no awareness of Christmas or holidays, and will have felt none of the excitement other children felt as the countdown got under way for Christmas Day.

Robert's father Andrew, who lives in Burley-in-Wharfedale, said his son had been left with severe problems which were caused by an epilepsy drug taken by his mother during pregnancy.

And he is one of a large group of children whose families are fighting for compensation in a nationwide group litigation.

The litigation is being organised by the Organisation for Anti-Convulsant Syndrome, a support group for the sufferers and families of those affected.

On its website the group says FACS is caused by medication used to control epilepsy. The anti convulsant medication can cross the placenta and affect the developing foetus, mainly during the first three months.

The drugs can affect the child in a number of ways, ranging from developmental delay, learning delay, dysmorphic facial features, physical disabilities, speech and language delay.

The group says it is well documented that congenital abnormalities can be caused by many anti-convulsants - with neural tube defects estimated to occur at around ten times the normal incidence in foetuses exposed to sodium valproate - or Epilim.

In Robert's case he has been left with severe problems which will affect him for the rest of his life.

Andrew, who gave up work to care for Robert after his wife died, said he and his wife had sought medical advice before starting a family, and although they knew there were certain risks they were not warned of the syndrome which was to affect their son.

He said although certain abnormalities were spotted after the birth and they were referred back to see a paediatrician at three months they were not at first aware that the problems were significant.

"The first time we knew there was anything wrong with him was when he said does he smile?' " he said.

Robert was not smiling - but as they had no other children they had nothing to compare him with. "Unless you are told any different why would you think anything else?" he said. "It was only from when he made that comment that we thought there was anything different with him. But a common thing they have is this developmental delay."

That delay is apparent in all sorts of areas, and although he is nearly seven Robert is unable to communicate properly and is still in nappies.

"You can't toilet train him. It is difficult to teach someone without any form of communication. If he could say to me I want to go to the toilet it might be different."

And while he is capable of walking he has poor balance skills which makes it difficult for him to negotiate hills, and which means he often has to use a wheelchair.

And although Andrew is seeing progress with his son's walking he added: "These things take years rather than weeks or months."

"The lack of communication is an enormous barrier in anybody's world," Andrew said. "They get by because they learn to communicate in different ways. If Robert is thirsty and he sees a cup he will take it."

But the lack of toilet training is a big problem - as are the problems with balance.

"If his walking was better he could go out and play - but he can't because if you touch him he falls over," he said.

Ironically Robert, who also suffers from epilepsy now takes the same drug which his mother took when he was in the womb.

But Andrew stresses: "It is extremely good at controlling epilepsy. It is not a problem if you are a man. It is only if you are a woman and want to get pregnant."

Although Robert has been severely affected by the syndrome Andrew stresses he would not be without his loving son.

"One of the things I have always said - and in a way it is a strange thing to say - but I really wouldn't change him for anything. The problems will spoil his life - but having said that he doesn't know anything else."

Now he is hoping that compensation will go some way towards providing for Robert's future.

"Ultimately it will get very difficult," he said. "You could argue that the drug ruined his life - which it has - and he may never be able to work or earn a living."

The legal action is being pursued by the charity the Organisation for Anti-Convulsant Syndrome and the deadline for people to register has been extended to the end of February 2008.

The charity says there are still many families who are unaware that their child has the condition - and they say many may have been misdiagnosed with an Autistic Spectrum Disorder.

Now they are keen to raise awareness, and they are urging families who have been affected to register with the solicitors Irwin Mitchell on 0870 1500 100.

Further details about the charity can be found at www.oacs-uk.co.uk

9:00am Thursday 3rd January 2008

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