Sodium Valproate (Epilim) Claims*: Understanding the Impact of Epilepsy Drug Use in Pregnancy

Sherwin O’Riordan Solicitors are deeply committed to advocating for those who have suffered harm due to medical negligence. A significant area of concern that has emerged in recent years involves the use of Sodium Valproate, commonly known by its brand name Epilim, during pregnancy.

This powerful anti-epileptic drug, while effective for controlling seizures, has been definitively linked to serious developmental and physical abnormalities in children exposed to it in the womb. If you or your child have been affected, understanding your rights and the potential for a claim is crucial.

Sodium Valproate is an anti-epileptic drug (AED) widely prescribed for various conditions, including epilepsy, bipolar disorder, and migraine prevention. However, its use during pregnancy has been a subject of increasing scrutiny due to its teratogenic effects – its ability to cause birth defects and developmental problems in unborn children. The risks associated with Sodium Valproate exposure in utero are well-documented and include a range of conditions collectively known as Fetal Valproate Spectrum Disorder (FVSD).

The Devastating Impact of Fetal Valproate Spectrum Disorder (FVSD)

FVSD encompasses a broad spectrum of physical and neurodevelopmental issues. Physical malformations can include neural tube defects (such as spina bifida), facial dysmorphism (e.g., cleft lip and palate), heart defects, limb abnormalities, and urogenital defects. The neurodevelopmental impacts are often more insidious and can include:

• Developmental delay: Children may experience delays in reaching developmental milestones such as walking, talking, and social interaction.
• Autism Spectrum Disorder (ASD): There is a significantly increased risk of ASD in children exposed to valproate during pregnancy.
• Reduced cognitive abilities: Studies have shown lower IQ scores in children exposed to valproate compared to those exposed to other AEDs or no AEDs.
• Attention Deficit Hyperactivity Disorder (ADHD): An elevated risk of ADHD has also been observed.
• Speech and language difficulties: Many affected children experience significant challenges with communication.

The severity of these effects can vary, but they often lead to lifelong challenges for the affected children and their families, requiring extensive medical care, educational support, and therapeutic interventions.

The Duty of Care and Medical Negligence

Healthcare professionals have a clear duty to inform patients of the risks associated with medications, especially when prescribing drugs to women of childbearing potential. For Sodium Valproate, this duty is particularly stringent given the known and severe risks to unborn children. Medical negligence claims in this context often arise when there has been a failure to adequately warn a woman about the risks of taking Sodium Valproate during pregnancy, or a failure to offer suitable alternative treatments.

Key aspects of potential negligence include:

• Failure to provide adequate information: Patients should be fully informed of the teratogenic risks of Sodium Valproate, including the specific types of birth defects and developmental problems.
• Failure to discuss alternative treatments: Where possible, healthcare providers should explore and discuss alternative anti-epileptic drugs with a lower risk profile during pregnancy, or alternative management strategies for the underlying condition.
• Failure to ensure effective contraception: For women of childbearing age taking Sodium Valproate, robust advice on effective contraception and regular reviews of treatment plans are essential.
• Failure to implement a risk-prevention programme: In many jurisdictions, specific risk-prevention programmes for valproate have been introduced, and a failure to adhere to these guidelines could constitute negligence.

Legal Recourse and Compensation

If you believe that you or your child have been harmed due to inadequate advice regarding Sodium Valproate use during pregnancy, you may be entitled to compensation. A successful medical negligence claim can cover a range of damages, including:

• Pain and suffering: For the child and, in some cases, the parents. Compensation for the impact on the child’s quality of life and ability to participate in activities.
• Medical expenses: Past and future costs of medical treatment, therapies, and specialist care.
• Care costs: The cost of professional care or the value of care provided by family members.
• Loss of earnings: For the child, if their condition impacts their future earning capacity, and for parents who may have had to reduce or stop work to provide care.
• Adaptations to living environment: Costs associated with modifying homes to accommodate the child’s needs.

The legal process for medical negligence claims can be complex and requires a thorough investigation of medical records, expert opinions, and a deep understanding of the relevant legal principles.

The Importance of Seeking Legal Advice

Sherwin O’Riordan Solicitors understand the profound impact that FVSD can have on families. We are dedicated to providing compassionate and expert legal advice to help you navigate this challenging time.

If you have concerns about Sodium Valproate exposure during pregnancy, we encourage you to contact us for a confidential consultation. We can assess the specifics of your situation, advise you on the viability of a claim, and guide you through every step of the legal process, working tirelessly to secure the compensation you and your family deserve.

Speak with a Medical Negligence Solicitor Today headed by Partner Caoimhe McConnell – Call 01 663 2000

Contact us today through our online contact form.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.