All birth injuries cause distress, but injuries linked to medication taken during pregnancy often carry an additional emotional burden. Many mothers wrongly blame themselves, despite relying on medical advice. Following the Thalidomide scandal of the 1950s and 1960s, the UK introduced the Medicines Act 1968 to improve drug safety. Yet more than 50 years later, another serious prescription drug scandal has emerged.
The epilepsy drug Sodium Valproate has been conclusively linked to serious birth defects and developmental disorders, known collectively as Foetal Valproate Syndrome (FVS). Thousands of families across the UK have been affected.
What Is Sodium Valproate?
Sodium Valproate is a prescription anticonvulsant medication. Doctors commonly prescribe it to treat:
- Epilepsy
- Bipolar disorder
- Migraines
The drug has been in widespread use since the 1970s under brand names including Epilim, Episenta, and Depakote.
How Does Sodium Valproate Cause Birth Injuries?
Medical professionals have known for decades that Sodium Valproate poses a significant risk to unborn babies when taken during pregnancy.
Government Guidance on Sodium Valproate Risks
According to UK Government guidance:
- Around 1 in 10 babies exposed in the womb suffer a physical birth defect
- 30–40% experience developmental or learning difficulties
Common Birth Defects Linked to Sodium Valproate
These include:
- Spina bifida
- Facial and skull abnormalities, including cleft lip and palate
- Malformations of the limbs, heart, kidneys, urinary tract, and sexual organs
Developmental and Cognitive Effects
Children exposed to Sodium Valproate may experience:
- Delayed walking and speech
- Lower-than-average cognitive ability
- Poor speech, language, and memory skills
Government data also shows increased risks of:
- Autism spectrum disorders
- Attention deficit hyperactivity disorder (ADHD)
Foetal Valproate Syndrome: A Widespread and Ongoing Issue
Research suggests that thousands of UK children have been affected by Foetal Valproate Syndrome since the 1970s. The Epilepsy Society estimates the lifetime cost of harm caused by exposure during pregnancy may reach £2.5 million per child, factoring in healthcare, education, social care, and family impact.
Despite long-standing knowledge of these risks, regulators only introduced formal prescribing restrictions in 2018.
Shockingly:
- NHS data shows 247 pregnant women were prescribed Sodium Valproate between April 2018 and September 2021
- Investigations suggest six babies per month are still born following exposure
- Some mothers continue to receive the drug without adequate warnings or safety information
Can You Claim Compensation for Sodium Valproate Birth Injuries?
Families may have grounds to bring a birth injury claim.
To succeed, a claimant must prove that:
- A duty of care existed
- That duty was breached
- The breach caused harm
The delayed introduction of safeguards, despite known risks since the 1970s, creates potential grounds for negligence claims against healthcare providers and, in some circumstances, manufacturers.
Government Redress: Still Refused
In February 2024, the Patient Safety Commissioner called on the Government to provide financial redress, stating:
This followed the 2020 First Do No Harm report, which made similar recommendations. To date, the Government has refused to establish a compensation scheme, leaving medical negligence claims as the primary route to justice.
How to Make a Sodium Valproate Birth Injury Claim
If your child was harmed after exposure to Sodium Valproate during pregnancy, you do not have to face this alone.
How Our Medical Negligence Solicitors Can Help
Our specialist team can:
- Assess whether negligence occurred
- Obtain medical and expert evidenc
- Handle claims against the NHS or pharmaceutical companies
- Secure compensation to fund lifelong care and support
We understand the anger, confusion, and betrayal many families feel. Our role is to remove the legal burden. We gather the evidence, value your claim and negotiate with the insurer.
No Win No Fee Legal Representation
We offer No Win No Fee arrangements for birth injury claims. This means:
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
- No legal fees if your claim does not succeed
- Protection through After the Event (ATE) insurance
- Clear advice on any potential disbursements
Speak to Our Birth Injury Specialists Today
Our team has more than 200 years of combined legal experience representing families affected by medication-related birth injuries. We approach every case with compassion, discretion, and determination.
If you were prescribed Sodium Valproate during pregnancy and your child suffered a birth injury, contact us immediately. Early advice can protect your legal position and help secure the support your family needs.
Get in touch today for a free, no-obligation consultation by phone, chat or our enquiry form.
Thinking about a claim? Read about Women's Health Negligence Claims and how No Win No Fee works, or send us your enquiry.