High Court Settlement Reached Over Epilim
Mark Kavanagh settled a High Court action for €5 million after claiming there was a failure to inform his mother of spina bifida risks linked to the epilepsy drug Epilim, The Irish Times reported.
Kavanagh, a 27-year-old man from Rathfarnham, Dublin, used a wheelchair after being diagnosed with spina bifida following his birth on September 3rd, 1998. The settlement against Tallaght University Hospital and the HSE was reached through mediation without an admission of liability.
Oonah McCrann told the court that Collette Kavanagh was diagnosed with epilepsy in the early 1990s and was prescribed sodium valproate, marketed as Epilim, before and during her pregnancy. Counsel said that Kavanagh was exposed to the medication in utero and developed injuries, including seizures requiring lifelong care.
Legal Claims Against Hospital and HSE
The legal proceedings alleged that Kavanagh’s mother was unaware that sodium valproate carried an estimated 1 percent risk of spina bifida for a foetus. It was claimed she would not have taken the medication during pregnancy had she known of the risk.
The suit contended there was a failure to exercise reasonable care for the safety of the baby and a failure to discuss whether the mother intended to conceive while taking Epilim. Plaintiffs also argued there was a failure to advise her about alternative anticonvulsant medications.
Liability was denied by the defendants, who contended that the management of the mother was entirely consistent with general neurological practice at the time.
Family Recognition in Court
During the hearing, Kavanagh expressed gratitude for his mother’s care throughout his life.
“She was a brilliant mother,” said Mark Kavanagh, thanking her for everything she had done for him.
Approving the settlement, Judge Tony O’Connor said that Kavanagh had movingly expressed how he appreciated the work his mother has done for him.
Epilim Settlement Questions
What amount was awarded in the Mark Kavanagh High Court case?
Mark Kavanagh settled his High Court action for €5 million following mediation with the HSE and Tallaght University Hospital.
What medication was central to the Rathfarnham man’s legal action?
The case focused on sodium valproate, prescribed under the brand name Epilim, which carried an estimated 1 percent risk of spina bifida for a foetus when taken during pregnancy.
When was Mark Kavanagh born and diagnosed?
Kavanagh was born on September 3rd, 1998, and was diagnosed with spina bifida after his birth.
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