Medical negligence
Am I eligible to receive compensation if I have been affected by sodium valproate?
It is estimated around 20,000 babies have been born with disabilities due to their mothers taking prescribed sodium valproate while pregnant. Our medical negligence experts explore potential compensation for those impacted negatively.
Better known by brand names like Epilim, Episenta and Depakote, sodium valproate was an effective treatment for conditions such as epilepsy, bipolar disorder and migraines. As with many prescribed medications, sodium valproate-based medicines have their side effects. According to the NHS, common side effects include:
- Stomach pain, feeling or being sick
- Diarrhoea
- Dry or sore mouth, or swollen gums
- Feeling tired or sleepy
- Headaches
- Weight gain
- Thinning hair, or changes to the colour or texture of your hair
- Irregular or delayed periods
However, the effects of the medication on pregnant women and the babies they were carrying were widely unknown.
If a baby is exposed to Sodium Valproate while in utero, they could be born with physical abnormalities such as:
- cleft lip and palate,
- skeletal malformations
- limb defects,
- facial and skull malformations,
- heart defects,
- kidney and urinary tract problems.
If you were prescribed sodium valproate before and during pregnancy and you believe your child was negatively affected, you or your child may be owed compensation through a potential redress scheme and have grounds for a medical negligence claim.
Sodium valproate redress scheme
In February 2024, Dr. Henrietta Hughes, the Patient Safety Commissioner, released a report that explores the serious effects of sodium valproate on patients and their families. This report, known as the Hughes Report, highlighted the failures in healthcare and regulation related to valproate use but also suggested a detailed plan for sodium valproate compensation and support for those who have been harmed.
The proposed redress scheme involves a two-stage process. The first stage would provide quick identification of those effected and an expedited, standardized payment to those harmed. The second stage will assess individual needs and provide tailored support; this could be financial support or non-financial support.
While this proposed redress scheme was widely supported, it has yet to be established formally and those impacted are still left without compensation if they do not peruse a legal claim.
Holly Cossutta, senior associate solicitor in our medical negligence team said, “It’s hard to imagine how many people have been impacted by this extensive system failure. Whilst there are 20,000 individuals estimated to have been harmed by sodium valproate, this figure is sure to be considerably higher if we take into account unplanned pregnancies and doctors failing to make patients aware of the drug’s harmful effects.
“Without a current redress scheme in place, individuals and their loved ones continue to undeservedly suffer. Finding justice is more important than ever whilst the redress scheme comes into fruition, so we can ensure steps are taken in the right direct to provide you with further support.”
Medical negligence claims for sodium valproate
While the redress scheme has yet to begin, legal claims for fetal valproate spectrum disorder can help you and your family much sooner. Fetal valproate spectrum disorder (FVSD) and fetal anti-convulsant syndrome (FACS) are lifelong conditions caused by exposure to anti-epileptic medications, especially sodium valproate, during pregnancy.
Scientific papers from as early as the 1980s suggested valproate medicines were dangerous to developing babies, yet warnings about the potential effects were not added to some packaging until 2016.
Some doctors did not make patients aware of the effects sodium valproate medicine can have on patients; this led to an estimated 20,000 babies to have been born with disabilities due to their mothers taking prescribed sodium valproate while pregnant.
Due to this negligence, skilled medical negligence solicitors can support those affected in making legal claims.
We are here to help
Sodium valproate is still diagnosed today, and some people are still unaware of the side effects and the impact it can have on pregnant women and their babies. If you or your child have been impacted by negligent healthcare and prescriptions of sodium valproate, you could be owed compensation. Call us on 0330 041 5869 or contact us online.
