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Where a child is physically or developmentally disabled because their mother was negligently prescribed valproate drugs before or during pregnancy, or allowed to become pregnant whilst on the drug, they may be able to claim substantial compensation for their injury.

Important information for families considering a valproate injury claim.

What is sodium valproate?

Sodium valproate is an anti-convulsant drug which is used to reduce fits or seizures in people with epilepsy. It has many trade names, including Epival and Epilim. Valproate is also prescribed to stabilise people who suffer from bipolar disorder.  

Valproate is known to be dangerous if taken during pregnancy, as it can cause serious long-term injury to the unborn baby.

Doctors and pharmacists have always been required to take extreme care in prescribing valproate drugs to women of childbearing age, but there is extensive evidence of women being prescribed valproate without adequate steps being taken to ensure they do not become pregnant or warn them of the risks.

Why is sodium valproate harmful?

Babies who are exposed before birth to valproate drugs, such as Epilim and Epival, have up to 40% risk of injuries which range from minor physical malformations to severe disability from spina bifida, organ defects, learning disability and autism.

In 2018, doctors were banned from prescribing sodium valproate to women of childbearing age. In exceptional cases where no other equivalent drug is effective in managing the woman’s epilepsy, valproate must be prescribed in compliance with strict safeguards set out in the valproate licensing regulations and NICE summary guidelines. These include processes for warning the patient of the risks of valproate in pregnancy, and mandatory contraception via a pregnancy prevention programme (PPP).

Fetal Anticonvulsant Syndrome (FACS) is a serious condition in which a baby suffers physical and/or developmental disability from his mother taking sodium valproate medication in pregnancy.

Prescription of sodium valproate drugs to women of childbearing age is currently banned in most circumstances, owing to the high risk of serious injury to the unborn baby. In exceptional circumstances where no other treatment is available to the woman, hospital doctors, GPs and pharmacists must comply with strict rules for warning the woman of the serious risks of pregnancy and protecting her from pregnancy whilst she is taking the drug.

Why choose Boyes Turner?

Boyes Turner’s experienced birth injury lawyers have helped countless children recover their full entitlement to compensation for serious disability caused by negligent medical treatment. We understand the devastating impact that a child’s severe disability has on the child and their family. Where that disability was caused by medical mistakes our focussed approach enables us to secure early interim payments, so that whilst we work towards the valuation of the claim and eventual settlement, the family can begin meeting the child’s needs straight away.

  • We are nationally acclaimed medical negligence lawyers. We are recognised as leading clinical negligence experts by Chambers Directory and Legal 500.
  • Our award-winning solicitors are accredited for our expertise by the Law Society, AvMA and APIL. We secure maximum compensation settlements for our clients which make the best provision for their current and future needs.
  • We have an extensive and highly experienced medical negligence team with proven skills to succeed in high value, complex claims involving catastrophic injury and severe disability.

Sodium Valproate Claims frequently asked questions

What is Fetal Anti-Convulsant Syndrome (FACS)

Fetal Anti-Convulsant Syndrome (FACS) is a serious condition in which a baby suffers physical and/or developmental disability from his mother taking sodium valproate medication in pregnancy. Babies who are exposed to valproate drugs, such as Epilim and Epival, have increased risk of injuries which range from minor physical malformations to severe disability from spina bifida, organ defects, learning disability and autism.

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What types of injuries are caused to babies by negligent valproate prescription in pregnancy?

Negligent prescription of valproate to a woman before or during pregnancy can cause severe injuries to her unborn baby, including:

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What type of negligence can lead to a valproate injury claim?

Compensation claims may arise where a baby was seriously injured from being exposed to valproate after:

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What compensation can be claimed for valproate injury?

The amount of compensation that a child can claim for their valproate injury depends on the severity of their disability and its impact on their life. Claims may include compensation for:

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What is the Independent Medicines and Medical Devices Safety Review (IMMDS)?

In 2018, the Department of Health and Social Care (DHSC) called for The Independent Medicines and Medical Devices Safety (IMMDS) Review to investigate how the NHS responded to emerging information and complaints about valproate and two other NHS treatments.

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What is NHS Resolution’s Valproate Claims Gateway?

The NHS’s legal defence team, NHS Resolution, claims to offer families of valproate-injured children an alternative process for making a valproate injury claim via their valproate claims ‘gateway’. This is not a redress scheme and does not provide easy or unchallenged access to compensation for valproate injury.

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Meet your specialist team

Our specialist Sodium Valproate Claims team are considered leaders in the field and have a significant amount of expertise.
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Susan Brown

Partner

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Julie Marsh

Partner

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Richard Money-Kyrle

Partner

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Sita Soni

Senior Associate - solicitor

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Vanessa Wand

Senior associate - solicitor

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Rachel Makore

Associate - solicitor

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Tara Pileggi-Byrne

Associate - Solicitor

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Alpa Rana

Associate - solicitor

Fran Rothwell

Fran Rothwell

Associate solicitor

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Ben Ireland

Solicitor

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Alice Carley

Paralegal

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Audrey Elmore

Medical records coordinator

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Nicky Melville

Professional support assistant

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Richard Money-Kyrle headshot
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Vanessa Wand photo
Rachel Makore headshot
Tara Pileggi-Byrne photo
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Fran Rothwell
Ben Ireland headshot
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Audrey Elmore headshot
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