Boy (12) settles case over epilepsy drug taken by mother during pregnancy

A 12-year-old boy who sued claiming there had been a failure to inform his mother of the risks associated with taking the Epilim epilepsy drug during pregnancy has settled his High Court action with a €3.75 million interim payment.

Joshua Daly’s case will next come back to the court when he is 21 years old and his future care needs will be assessed.

From Clonmel, Co Tipperary, the boy who has autism spectrum disorder will need lifelong support and care, the High Court heard.

There are a number of cases before the High Court relating to the prescribing of medication during pregnancy, under the brand name Epilim, which contains sodium valproate.

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Through his mother, Alison Daly, he sued the Health Service Executive.

Ms Daly became pregnant with Joshua in late 2010. It is claimed that despite Ms Daly’s seizure control being better than average in the previous year, she was told by medics it was important her seizures were controlled and therefore medication was not changed during pregnancy.

It was also claimed the doctor did not indicate any further risks and continued to prescribe Epilim and other anti-epileptic medication throughout the pregnancy.

In the proceedings, it was further alleged that the risks associated with Epilim were not discussed nor was alternative treatment or therapy.

It was contended if Ms Daly had been advised of the risks to her baby of taking Epilim during pregnancy she would have opted for alternative treatment.

Aongus O’Brolchain SC, instructed by Michael Boylan solicitors, told the court the boy’s mother has suffered from seizures and falls since she was 11 years of age.

She had been put on Epilim and other drugs since 1990. She had a daughter in 1998, counsel said, and has had the same neurological team since 2001.

He said it was their case that at no stage did medics discuss her medication, and in particular Epilim, or the dosage or risks other than the normal risks such as cleft palate.

Joshua was born on July 20th, 2011, and five years later was diagnosed with autism spectrum disorder, he said.

[ Autism spectrum disorders: An overview ]

Counsel said Joshua was later diagnosed with foetal valproate syndrome. He said experts also said he will not take part in the workforce in any meaningful way and will need lifelong support and care.

The case settled after mediation. Initially, counsel said, a full defence was filed in the case but at mediation, the defence was withdrawn and the case continued as an assessment of damages.

Approving the interim settlement, Mr Justice Paul Coffey said it was fair and reasonable and he conveyed his best wishes to Joshua and his family.