The critical conversation around Sodium Valproate and compensation
Written by Rebecca Brisley | Medical Negligence Team | 1 February 2024
Sodium Valproate is not just an anti-Epilepsy treatment
Sodium Valproate Syndrome is a serious issue that seriously affects children and their families, when the mother has taken sodium valproate drugs during pregnancy.
In the past, sodium valproate has been taken to help with epilepsy, migraines and bipolar conditions.
We're committed to helping everyone understand more about it, showing how it impact the child and their family, and helping to guide those affected through their legal options.
When negligence occurs, it's crucial that children receive the right compensation for injuries that should never have happened. Sodium valproate compensation will cover the cost of vital care, equipment, education, and therapies. This support is essential for helping them achieve their fullest potential and providing assistance throughout their lives.
Here's what you need to know about sodium valproate
Sodium valproate works well for some health conditions. As we mentioned, for year’s it’s been taken for epilepsy, migraines and bipolar disorder. However, if it’s taken during pregnancy , it can be harmful to the unborn baby. This isn't new information; doctors and researchers have known about these risks for many years. However, not everyone who needed this information got it, which has led to some serious health problems for an estimated 200,000 people across the UK.
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
The health risks for babies
When a pregnant woman takes sodium valproate, her baby could be at risk for several health issues. These include physical problems like spina bifida (a condition where the spine doesn't form properly) and other issues with how the baby's face, heart, or limbs develop. There's also a chance the child could have learning difficulties, trouble speaking, or problems with memory as they grow. Some children might even show signs of autism or ADHD.
The ongoing scandal
In 2022, the Times published an article that revealed that sodium valproate was still being prescribed to pregnant women and to women who might get pregnant, without any of the proper safety warnings. This is despite huge interest around the dangers of sodium valproate, and continual warnings and investigations carried out by the media and support groups.
So, even though we've known about these risks for a long time, some women are still not getting the warnings that they need in order to make their own decisions about whether they go ahead and take the drug.
It has been known since the 1970’s when the drug first came on the market, that Valproate could cause birth defects. 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 and learning difficulties.
So, what's being done about it?
The Government in France has established a sodium valproate compensation fund, which awards money to families affected by this issue. This contrasts sharply with the UK’s more conservative strategy. Here in the UK, the Government rejected the idea (link requires a subscription to The Times), of establishing a similar fund following an independent review in 2020. This suggested that a scheme be set up to compensate those who had suffered from ‘avoidable harm’ but the recommendation was rejected by the Government, leaving those families who have been affected, not knowing where to turn for support and help.
Dr. Henrietta Hughes, the Patient Safety Commissioner, published her report on the 7th February 2024, 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 initially asked her to explore the possibility of a compensation program for those impacted. Click here for more information on the compensation report.
In the meantime, a number of hugely inspirational support groups, such as INFACT have sprung up, helping families who have children living through sodium valproate syndrome, and campaigning for more help, compensation and for action to be taken. You can find a list of some of the support groups and how to contact them on our website, here.
How we can help you claim sodium valproate compensation
For families affected by sodium valproate exposure, the legal system offers a potential path to compensation and justice. Medical negligence claims can be pursued when there has been a failure to adequately warn of the risks or to consider safer alternatives. Here at Nash & Co Solicitors, we have a specialist team of Medical negligence lawyers who are highly experienced in representing those harmed by medical negligence, and advocating for the rights of children and families affected by such oversights. Our expertise allows us to navigate through the various complexities of these cases, and ensures that affected families that we work with, receive the compensation and support that they so badly deserve.
If your family has been affected because you weren't given the information you needed about sodium valproate, there might be legal steps you can take. Our team at Nash & Co Solicitors is here to help you understand the position that you and your family find yourselves in. Call us on 01752 827085 and you’ll immediately get to speak to one of our lawyers who can answer questions and give you options.
We know that dealing with health issues and legal matters can be really scary, especially when you're worried about your child’s health. That's why we're committed to making things as simple and clear as possible. We’ll never use legal jargon unless we absolutely have to (and then we’ll explain what it means). At all times, we’ll make sure you understand what the options are, and what the implications are of any decisions taken.
We are currently working with clients dealing with the impacts of Sodium Valproate Syndrome. This is an incredibly challenging and difficult situation for any family to endure, and we are committed to advocating for their right to the compensation they truly need and deserve.
Lots more information
Have a look at our Sodium Valproate information page. Here we provide you with contacts in 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 operate a 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.
Please get in touch
Sodium valproate can be risky for unborn babies, and it's crucial that everyone knows about these risks. If you're concerned or you think that your child or children might have been affected, please reach out to us. We're here to help you make sense of everything and understand the options available to you.
You can speak to us by calling 01752 827085 or emailing us at medneg@nash.co.uk. You’ll immediately get to speak to our lawyers, we can answer any questions that you might have, and we can start to investigate your situation.
