Man (27) settles case over alleged failure to inform mother of epilepsy drug risks for €5m

Detailed summary

Mark Kavanagh’s High Court action against Tallaght University Hospital and HSE concludes without admission of liability ...

A 27-year-old man with spina bifida who sued claiming there was an alleged failure to inform his mother when she was pregnant of a risk associated with taking an epilepsy drug has settled a High Court action for €5 million.

It was claimed there was a failure to inform Mark Kavanagh’s mother Collette that sodium valproate − with the brand name Epilim − carried an estimated 1 per cent risk of spina bifida for a foetus.

The settlement of Kavanagh’s case against Tallaght University Hospital (TUH) and the HSE is without an admission of liability and was reached after mediation.

Oonah McCrann, Kavanagh’s counsel instructed by Cantillons Solicitors, told the court his client’s mother was diagnosed with epilepsy in the early 1990s, and before and during her pregnancy she was prescribed Epilim.

Counsel said it was their case that Kavanagh was exposed to sodium valproate in utero and he developed significant injuries as a consequence, including spina bifida.

Kavanagh, who has to use a wheelchair, was diagnosed with spina bifida after his birth in 1998. He also suffers from seizures and requires life long care.

Kavanagh, who is from Rathfarnham, Dublin, told the court he wanted to thank his mother for everything she had done for him. He told Judge Tony O’Connor she was a brilliant mother.

It was claimed Kavanagh’s mother was unaware of the significantly increased risk of injury to the foetus. Had she been aware of the alleged risk, she would not have taken the medication while pregnant, it was claimed.

Kavanagh was born on September 3rd, 1998, and it is claimed that as a result of the ingestion of the Epilim he suffered injury.

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