A 27-year-old man with spina bifida has settled a High Court action against Tallaght University Hospital and the HSE for €5 million, The Irish Times reported.
Mark Kavanagh sued through his mother, Collette Kavanagh, claiming there was a failure to inform her during her pregnancy of the risks linked to the epilepsy medication sodium valproate, sold under the brand name Epilim. Counsel Oonah McCrann told the court that Mrs. Kavanagh was diagnosed with epilepsy in the early 1990s and was prescribed Epilim before and during her pregnancy.
The settlement was reached after mediation and carries no admission of liability. Kavanagh, who uses a wheelchair, was born on September 3rd, 1998, and later diagnosed with spina bifida. He also suffers from seizures and requires lifelong care.
“My mother was a brilliant mother,” Mark Kavanagh told Judge Tony O’Connor, thanking her for everything she had done for him.
The legal proceedings alleged that Kavanagh’s mother was unaware of the significantly increased risk of injury to the foetus. Had she known of the risk, it was claimed she would not have taken the medication while pregnant. The plaintiff contended there was a failure to exercise reasonable care for the safety of the baby and to discuss whether the mother intended to conceive.
Lawyers further argued there was a failure to advise Mrs. Kavanagh about alternative anticonvulsant medications for her partial-onset seizures. The lawsuit said that sodium valproate carried an estimated one percent risk of spina bifida for a foetus, which was allegedly never communicated to her.
Liability was denied throughout the case. Defence counsel maintained that the medical management of the mother was entirely consistent with general neurological practice at the time. Judge Tony O’Connor formally approved the €5 million settlement in the High Court, noting Kavanagh’s appreciation for his mother’s care.