Am I able to claim compensation for Sodium Valproate Syndrome (also known as Fetal Valproate Syndrom)?
Written by Rebecca Brisley | Medical Negligence Team | 31 January 2024
The link between Sodium Valproate and anti-epilepsy drugs
Thousands of women with epilepsy have given birth to babies with disabilities. Despite guidelines to the contrary, many women of childbearing age have been prescribed Sodium Valproate, (otherwise known as Epilim) resulting in babies born with autism, congenital anomalies and neurodevelopmental difficulties which can lead to cognitive and social impairments. The umbrella term for this is Fetal Valproate Syndrome (FVS) and can be used to describe a number of different impairments.
Epilim can also be prescribed to those suffering from Bipolar Disorder, migraine and other mental health conditions.
It has been known since the 1970’s when the drug first came on the market that Valproate could cause birth defects, and studies now suggest that 11% of babies born to mothers who are prescribed sodium valproate have major congenital disorders as a result and 30-40% of babies born will suffer from developmental delays. There is also an increased risk of autism spectrum disorder and/or ADHD.
An independent review in 2020 suggested that a scheme be set up to compensate those who had suffered from ‘avoidable harm’ but that suggestion was rejected by the Government, leaving those families who have been affected not knowing where to turn. Often, these families are left with the need to provide a lifetime of care for their affected child, and this can lead to both financial and emotional distress.
Guidelines have tightened
Guidelines over the years have increasingly tightened up and the current guidance is that Sodium Valproate can only be prescribed with a pregnancy prevention program in place so as to protect mother and baby, but even so, there are mums who fall through the net and according to Victoria Derbyshire on BBC’s Newsnight programme broadcast last night (skip to 29:33 for the relevant section), there are even records of prescriptions being written for Epilim the same month as a pregnancy is recorded.
Which drugs are involved in sodium valproate compensation claims?
The relevant drug brand names involved, are listed below. If you have been taking these drugs and think you may have a claim, please call us right away on 01752 827085 to speak to one of our specialist lawyers 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
If you are worried about your situation
If you are concerned that you or your children may be affected by the sodium valproate scandal, please call our specialist Medical Negligence lawyers immediately on 01752 827085. You can also email the team at medneg@nash.co.uk. We can get some information from you and talk you through the options available to you. This will be a worrying time for you, and for reading this, it might be the first time that they have ever heard of the dangers involved with sodium valproate. Speak to the team, and we can hopefully help you with where you go next.
The latest situation with Sodium Valproate Compensation - 7th February 2024
Dr. Henrietta Hughes, the Patient Safety Commissioner, has shared her findings on the issues caused by sodium valproate, and we're hopeful this marks the beginning of better news for the children and families who have suffered because of these drugs.
Her report suggests that families with children who have been harmed by these anti-epilepsy medications should receive immediate financial support. The government asked her to explore the possibility of a compensation program for those impacted. With the release of this report, there's hope that those affected are moving closer to receiving the assistance they need. Yet, we're now waiting on the government, which previously dismissed the idea of a compensation fund, to make a decision.
Dr. Hughes has compared this situation to the Thalidomide scandal, which involved birth defects from a drug used in the 1950s. She pointed out that many children affected by what's known as foetal valproate syndrome face significant challenges, including being unable to work or care for themselves as adults.
Dr. Hughes shared, “I've heard so many heartbreaking stories about the problems they're having in terms of getting access to the medical care that they need, but also the impact that it's had on the parents who have had to give up their work, give up their businesses and stay at home and care for their children."
Please get in touch with us to help
Our Medical Negligence team have experience of running clinical negligence claims for children suffering from Sodium Valproate Syndrome. If you think that you were wrongly prescribed Sodium Valproate before or during pregnancy please contact a member of our team to enquire as to whether you might be able to pursue a claim.
If you would like to speak to the Medical Negligence team, please call 01752 827085 or email medneg@nash.co.uk. We look forward to speaking with you.
