End to ‘defect’ epilepsy drug case delayed

A MOVE to discontinue legal action brought by families who blame an epilepsy drug for causing defects in their children suffered a delay yesterday.

Claims by more than 150 families were expected to be formally discontinued at a hearing before a judge at the High Court in London.

But Mr Justice Eady was told a “difficulty” had arisen which meant the proceedings had to be adjourned.

Lawyers representing the families earlier said they were forced to abandon the trial following the withdrawal of legal aid.

The Legal Services Commission (LSC) said in November it was no longer funding an action against the makers of sodium valproate, a drug used to prevent epileptic seizures.

Claimants allege the drug, also known as Epilim, caused a range of birth defects, including spina bifida, damage to the heart, learning difficulties, and deformities of the hands and feet.

They have been pursuing a legal action for damages against manufacturer Sanofi-aventis, claiming there were inadequate warnings about possible harm in the 1990s.

The firm has denied this, saying it always provided precautions on the risks associated the medicine.

The plan for yesterday was for lawyers for the families to advise the judge the case must be discontinued because continuing without legal aid would be “too great a financial risk”.

But it was adjourned for clarification relating to the terms of a proposed final order in the case.