Dozens of families in High Court over prescription of Epilim during pregnancy

On Wednesday, Health Minister Stephen Donnelly met with families adversely affected by the prescription of Epilim during pregnancy, and announced that the inquiry will begin shorty. Picture: Bryan Brophy

Some 44 families are either in the High Court or preparing for cases over prescribing of epilepsy medication containing sodium valproate during pregnancy, a solicitor has said.

So far, four families have concluded cases, including in December 2022 when a Co Carlow teenager settled a case without admission of liability for €12m.

The medicine, sold in Ireland as Epilim, helps control seizures but when given in pregnancy can cause birth defects and neurodevelopmental disorders for babies.

Ciara McPhillips, partner at Michael Boylan Litigation, said these cases involve a huge commitment from parents.

“We’ve acted for four families that have successfully resolved their cases,” she said.

We have four more cases up and running, and we represent 40 other families in individual high court actions.

She feels the barriers to taking a case can be too high for many families who may already struggle with caring for a child living with life-changing disabilities.

“I think what many, many families want is to see answers from this inquiry, and, following on from that, a proper redress scheme without adversarial high court proceedings,” she said.

She added: “I think there is the risk that if there isn’t a proper redress scheme that more legal actions will be initiated.”

On Wednesday, barrister Bríd O’Flaherty was announced as the chair of the non-statutory inquiry which is now expected to begin work in a matter of weeks.

However Ms McPhillips said: “We want to make sure when that commencement dates comes, the procedures, the logistics, the resources are properly in place so we can hit the ground running then.”

There are four key questions this inquiry must address, she said.

These are: Who knew about issues with the drug; when did they know; what did they know; and why was that information not passed on to patients.