Sodium valproate compensation and medical negligence claims

Medical research has long linked sodium valproate exposure during pregnancy to a significantly increased risk of harm to unborn babies.

Children exposed to sodium valproate in utero may be born with, or later diagnosed with:

• cleft lip and/or palate

• skeletal and limb abnormalities

• facial or skull malformations

• heart defects

• kidney or urinary tract problems

• developmental delay

• learning disabilities

• autism spectrum conditions

Many families were not warned of these risks at the time the medication was prescribed or continued.

A medical negligence claim may arise where healthcare professionals failed to take reasonable steps to protect patients and unborn children from avoidable harm.

This can include situations where:

• sodium valproate was prescribed to a woman of child bearing age without adequate warning of pregnancy related risks

• the risks were not properly explained before or during pregnancy

• alternative medications were not discussed or explored

• prescribing continued despite known guidance and warnings

• there was a failure to review or update treatment plans over time

Each case turns on its own facts, and specialist advice is essential.

In February 2024, the Patient Safety Commissioner for England published The Hughes Report, which recommended the introduction of redress schemes for those harmed by pelvic mesh and sodium valproate.

The report made clear that:

• redress schemes would not mirror court awarded compensation

• any payment under such schemes may represent only a contribution towards losses

• final decisions rest with government ministers

More than two years on, no formal redress scheme for sodium valproate is yet in place.

In contrast, compensation through medical negligence litigation follows an established legal framework.

If negligence is proven, the courts aim to award compensation that reflects:

• the pain and suffering caused by injury

• financial losses incurred as a direct result of the harm

• future care, treatment and support needs

For many families, a legal claim may currently be the only realistic route to financial redress.

Strict time limits apply to medical negligence claims.

In most cases, court proceedings must be started within three years of:

• the negligent treatment, or

• the date when the injured person first became aware that the harm may have been caused by negligence (the “date of knowledge”)

Because sodium valproate related harm may not have been apparent at birth, this later date of knowledge can be particularly important. However, as the damage has been caused to the unborn baby the 3 year time period does not begin until the child’s 18th birthday.

Where the extent of the damage is such that the child never gains sufficient mental capacity to bring a claim by themselves, claims are subject to different rules, and time limits may be extended or dispensed with in certain circumstances. Specialist advice should be sought as early as possible.

We understand that sodium valproate claims raise complex medical, legal and emotional issues for individuals and families.

Our experienced medical negligence solicitors can:

• assess whether there may be grounds for a compensation claim

• explain funding options and the likely scope of compensation

• guide you through the process with clarity, care and sensitivity

• pursue claims involving significant and long term care needs

We act for a number of clients affected by medication related negligence and are experienced in high value, complex claims.

Sodium valproate cases are not only legally complex — they often involve decades of unanswered questions, distress and life changing consequences.

At Russell-Cooke, we bring:

• specialist expertise in medical negligence law

• a compassionate and client centred approach

• experience of complex birth injury and pharmaceutical claims

• clear, practical advice grounded in current case law

Our focus is on helping clients understand their options and make informed decisions about the best way forward for them and their families.