The Sodium Valproate scandal has been receiving a lot of publicity recently. Some have described it as one of the biggest medical issues of its type since the Thalidomide tragedy, and many pregnant women and their babies have faced long term harm as a result.
What is Sodium Valproate?
Sodium Valproate, often marketed under the name Epilim, is a drug prescribed to people suffering from epilepsy, and aims to control / reduce seizures. However, whilst often effective at that task, it has been proved to be teratogenic, meaning that it can harm babies in the womb, so its use ought to be carefully considered and managed in women to ensure the welfare of both mothers and their babies.
Why was Sodium Valproate reviewed?
A Government ordered review was carried out by Baroness Cumberledge, after it was established that babies exposed to the drug in the womb had a 10% chance of developing physical abnormalities and a 40% chance of developing cognitive issues such as learning difficulties or autism.
She found that patients’ concerns about this, and other issues, such as the use of vaginal pelvic mesh, had often been dismissed as “women’s problems” and that there was a culture of denial that failed to acknowledge harm or error. A Government apology followed, and a Patient Safety Commissioner was subsequently appointed. It was also advised that a Redress Agency should be set up for those harmed by medicines and medical devices, and that the costs of providing additional care and support be met for those eligible.
The Sunday Times followed this up with a campaign about it some time ago, publishing various articles in Spring 2022, which highlighted that the medical profession had been aware of the risks of prescribing epilepsy drugs containing sodium valproate to pregnant women as early as 1973, and yet continued to do so for decades, indicating that many families had been affected over many years.
Help for those impacted by Sodium Valproate
Most recently, Dr Henrietta Hughes, the Patient Safety Commissioner, reported in early February 2024 that urgent financial help should be provided to those affected by the consequences of sodium valproate harm.
The government have yet to provide their response to this report, and it is unknown if or when they will take action. In the interim, families may have the opportunity to pursue this matter via a clinical negligence claim against the prescribing hospital or doctor, if it can be shown that the drug was provided at or after the time that a reasonably competent doctor should have known the risks, especially if the mother was not warned about this and given the opportunity to provide her informed consent to taking the medication.
How Jackson Lees can help
At Jackson Lees, we are experienced in the issues that arise in sodium valproate cases, and Fiona Kemp has recently been able to put together a team of medical and legal experts who have explored the issues in depth. We know the right questions to ask, in terms of timing and consent, and are aware of the devastating and lifelong consequences for both the affected child, and their family as a whole, not least the concerns of the families about how their child will be cared for and supported once the parents are no longer here.
There are often situations where the child has been affected to the extent that they are unlikely ever to be able to work or to live independently as a result of developing foetal valproate syndrome, and we are experts at knowing how to value a case to ensure that appropriate compensation be provided for all the different losses that result, ranging from care needs, adapted accommodation, therapies and loss of earnings / pension claims.
Get in touch today
We believe that there are many more families out there who have been affected by this, who may not be aware of the rights and options, and hope that finally, they may be able to get some redress for harm that should never have been allowed to happen.