A 12-year-old boy who sued claiming there was 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 €3.75million interim payment.
Joshua Daly’s case will next come back to court when he is 21 years old and his future care needs will be assessed.
Joshua from Clonmel, Co Tipperary who has autism spectrum disorder, the High Court heard will need lifelong support and care.
His is one of a number of cases before the High Court relating to the prescribing of medication during pregnancy under the brand name Epilim and which contains sodium valproate.
Joshua Daly (12) from Clonmel, Co Tipperary had through his mother Alison Daly sued the HSE.
Mrs. Daly who had a history of seizure with falls and was on medication including Epilim became pregnant with Joshua in late 2010.
It is claimed that despite Mrs Daly’s seizure control being better than average in the previous year, she was told by medics that it was important her seizures were controlled and therefore medication was not necessarily changed during pregnancy.
It was also claimed the doctor did not indicate any further risks and continued to describe 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 and alternative treatment or therapy during pregnancy was not discussed.
Mrs Daly, it was contended if she had been advised of the risks to her baby of taking Epilim during pregnancy would have opted for alternative treatment.
Counsel Aongus O’Brolchain SC, instructed by Michael Boylan solicitors told the court the boy’s mother had suffered from seizures and falls since she was 11 years of age.
She had been put on Epilim and other drugs from 1990. She had a daughter in 1998, Counsel said and from 2001 she had the same neurological team.
She was brought in on a number of occasions for tests to identify the cause of the seizures but he said medics were never able to find it.
He said Mrs Daly became pregnant with Joshua in late 2010 and 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 he said was born on July 20 , 2011 and five years later was diagnosed with Autism Spectrum Disorder.
Counsel said Joshua was later diagnosed with foetal valproate syndrome. He said experts had also said that Joshua 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.
