6 minute read
People who suffer from epilepsy are often prescribed a drug called sodium valproate under the brand name Epilim. Tragically, some women were on the medication whilst pregnant without knowing the harm it could cause their babies.
The Health Service Executive (HSE) estimate that over 300 children may have experienced a major congenital malformation and over 1000 may have experienced some form of neurodevelopmental delay. The damage caused to these children ranges in severity but in the worst instances, the child will require a lifetime of care.
Sodium Valproate is sold under the brand name Epilim. It is an anti-epileptic drug which has been prescribed, and continues to be prescribed, to those with epilepsy since the 1970s.
Over the years since it was placed on the market it has been discovered that when taken by pregnant women, Epilim can cause harm to the unborn babies. Tragically, many women were never made aware of this fact, even after it became widely known in the medical/pharmaceutical community and continued to be prescribed Epilim whilst pregnant without knowing the harm it could cause their babies.
It is extremely important to note that Epilim is an effective drug in the treatment of epilepsy and bi-polar disorder. It is therefore vital that you do not stop taking your prescribed medication without consulting your GP or other relevant healthcare provider.
Foetal Valproate Spectrum Disorder (FVSD) is a condition affecting children exposed to sodium valproate in the womb.
Children with FVSD may experience a range of problems, including learning difficulties, behavioural disorders such as ADHD or autism, delayed speech and distinctive facial features. Some also have physical abnormalities like spina bifida or heart defects. There is no single test for FVSD and diagnosis is based on clinical assessment and confirmed exposure to valproate during pregnancy.
The risks associated with sodium valproate in pregnancy have been well known within the medical community for decades and the apparent lack of consideration of these risks by doctors when prescribing sodium valproate to women of childbearing age is a significant issue as a number of legal cases come before the courts.
We raised these issues several years ago when we brought the first case of this nature in Ireland to the Courts.
Recently, a similar case settled for €12m.
We are currently handling a large number of similar cases at various stages in the litigation process.
If you or a family member require any advice on this issue, Contact Us to arrange an appointment.
The Sodium Valproate Inquiry is an independent investigation commissioned by the government in Ireland to examine the historical use of sodium valproate (Epilim) in women of childbearing age and its impact on their children.
It is chaired by Bríd O’Flaherty BL.
The Inquiry was launched in response to long-standing concerns that women were not properly informed of the risks of taking valproate during pregnancy, particularly the high risk of their babies developing Foetal Valproate Spectrum Disorder.
The Inquiry aims to ascertain:
It follows similar concerns raised in the UK, including findings from the 2020 Cumberlege Review, which revealed systemic failings in how the risks of valproate were communicated.
If you or a loved one has been affected by FVSD and Valproate, you will understandably have many questions and concerns that need to be addressed. The Sodium Valproate Inquiry have published a list of helpful answers to frequently asked questions (FAQs).
Visit Sodium Valproate Inquiry: FAQs to view these.
Sodium Valproate / Foetal Valproate Spectrum Disorderclaims arise when a child suffers harm because their mother was prescribed sodium valproate during pregnancy without being properly informed of the risks.
A medical negligence case may be brought against a healthcare provider for failing to warn of those dangers or for prescribing the drug inappropriately.
Compensation can help cover the cost of:
The reality is that medical negligence cases can and often do take several years to resolve in Ireland. This is because these claims are often complex and require careful consideration to ensure the injured person receives the support they need for the best possible quality of life in the future.
These are still developing cases, and as more families come forward, the full extent of what happened is only beginning to emerge. We are at the forefront of this legal work and helping to shape how these claims are handled.
In some cases, it may be possible to secure an interim payment while your medical negligence claim is ongoing. An interim payment is a partial payment of compensation made before the case fully concludes, usually to help with immediate care needs or financial pressures if liability has been admitted.
While not available in every case, your solicitor will advise you if seeking an interim payment is appropriate.
While based in Dublin, Wicklow and Wexford, our reputation extends nationwide, and we are frequently instructed by families from across Ireland.
We are committed to and not afraid of fighting meritorious cases no matter how difficult and complex.
This commitment is reflected in our long and storied history of being at the forefront of some of the most challenging medical negligence scandals to ever face Ireland, including a notable landmark Supreme Court case that reshaped medical negligence law by establishing six key legal principles.
Visit Dunne v National Maternity Hospital to learn more about this case.
If you or a family member require any advice on this issue, Contact Us to arrange an appointment. Or visit Medical Negligence Claims to learn more about our services.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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