Understanding the challenge: A path to Sodium Valproate Compensation
Written by Rebecca Brisley | Medical Negligence Team | 7 February 2024
The Hughes Report has been published today
Dr. Henrietta Hughes, the Patient Safety Commissioner, has today released an important report that looks into the serious effects of sodium valproate on patients and their families. This report, known as the Hughes Report, not only highlights the failures in healthcare and regulation related to valproate use but also suggests a detailed plan for sodium valproate compensation and supporting those who have been harmed.
What the Hughes Report Reveals
The report stresses the immediate need for a sodium valproate compensation plan, or 'redress' scheme, to help individuals and families hurt by the side effects of sodium valproate. This drug is mainly used for treating epilepsy, as well as bipolar disorders and migraines. However, its side effects have caused significant harm, especially to children exposed to the drug during pregnancy, leading to a condition known as Fetal Valproate Spectrum Disorder (FVSD). This disorder includes a variety of challenges, such as:
Developmental delays
Physical abnormalities
Learning difficulties
Autism-related conditions
Behavioral problems
Increased Understanding
Over time, research has made the risks of using Sodium Valproate during pregnancy clearer, leading to more caution in prescribing it, especially to women of childbearing age. Unfortunately, there have been instances where women were not fully informed about the risks, leaving them unaware of the potential harm to their unborn children and underscoring the need for compensation.
Dr. Hughes is pushing for a two-part sodium valproate compensation plan for those affected, highlighting the need for quick and tailored financial help. Since the impact varies from child to child, the support must be customized to fit each person's unique needs. The plan proposes an initial, fixed payment to those directly harmed by 2025 as an acknowledgment of the harm caused by systemic failures. The Main Scheme aims to provide more personalised financial support based on individual circumstances, further emphasising the importance of sodium valproate compensation.
Additionally, the report points out the need for non-financial support, recommending the hiring of link workers to connect patients with the support services they need and calling for better housing, healthcare, social security, and educational support for affected families, all as part of a comprehensive sodium valproate compensation approach.
Why was the report necessary?
That’s a great question. In 2018, a report was published that identified that the healthcare system as a whole took too long to respond to growing evidence about the effects of sodium valproate drugs. It identified a significant time lag between doctors being made aware of the risks, and warnings being given to patients. Doctors were reported to have dismissed patients’ concerns, insisting that valproate was safe. There were several other key recommendations made including the establishment of a ‘compensation fund’, funded by both the Government and the drug manufacturer to make payments to those who had been affected. The Government refused to establish the fund, but a directive was passed, effectively banning medical professionals from prescribing sodium valproate drugs such as Epilim and Epival to women of childbearing age in the future. In very rare circumstances, where there was no other drug that could be taken to manage the woman’s condition, valproate drugs could be prescribed but only under very strict guidelines, including mandatory contraception via a pregnancy prevention programme.
Even after these strict guidelines were put in place, there is significant evidence that women of childbearing age have been prescribed sodium valproate, without adequate warnings of the dangers should they fall pregnant, or before taking steps to ensure that they do not become pregnant while taking the drug. In a lot of these cases, the drug was also prescribed before first ruling out all alternative effective treatments.
Where this is the situation, and a child is physically or developmentally disabled because of negligent treatment, there may well the opportunity to claim substantial compensation. Please speak to our specialist Medical Negligence lawyers if this is the case, and we can guide you on your options. Call us on 01752 827085 or email us at medneg@nash.co.uk
Which drugs are involved in sodium valproate compensation claims?
The relevant drug brand names involved, are as follows. If you have been taking these drugs and are worried that both you and your child or children might be affected, please call us right away on 01752 827085 to speak to a Lawyer and discuss your options. You can also email us at medneg@nash.co.uk
Epilim
Depakote
Convulex
Episenta
Epival
Kentlim
Orlept
Sodium Valproate
Syonell
Valpal
Belvo
Dyzantil
A Call for Government Action
While the Hughes Report calls on the government to set up a compensation scheme for those affected by sodium valproate syndrome or FVSD, it should be remembered that we're now left waiting for the government's response, again, after they had previously dismissed the idea of a compensation fund some years ago.
As we look forward to the government's decision, it's clear that achieving justice for those harmed by valproate will be challenging. Nevertheless, the Hughes Report offers a glimmer of hope, presenting a clear and actionable plan for sodium valproate compensation and support. This report is a powerful reminder of the importance of advocacy and listening to the needs of patients and their families in striving for a fair and caring healthcare system.
Lots more information
Have a look at our Sodium Valproate information page. Here we provide you with contacts to support groups, national news articles about the sodium valproate scandal, and we take a look at exactly how we can help you claim compensation if your child has been affected. We explain our No-Win-No-Fee model, which means that there’s absolutely no financial risk to you or your family. We won’t ask you to make any upfront costs and you won’t have to pay a penny out of your own pocket.
How can we help you
Our experienced and specialist medical negligence team are currently helping multiple clients with sodium valproate compensation claims, and following the report being published, we’ve been inundated today with new enquiries asking for us to help and support victims of the scandal.
It’s alarming that so many people weren’t previously aware that difficulties and challenges faced by their children may be down to sodium valproate, and never having been warned about it’s dangers during pregnancy.
If you think you or your children may be affected, please get in touch with us. You can call us on 01752 827085 or you can email us at medneg@nash.co.uk. You’ll be able to speak to one of our lawyers immediately, we can answer questions that you may have, and we can then explain your options.
