Mark Kavanagh Settles HSE and Hospital Case for €5M

A High Court action has been settled for €5 million by a 27-year-old man who brought a lawsuit alleging that his mother was not informed of a risk linked to an epilepsy medication during her pregnancy.

The claim said that Collette, the mother of Mark Kavanagh, was not told that sodium valproate − known by the brand name Epilim − involved an estimated 1 per cent risk of spina bifida for a foetus. The settlement of Kavanagh’s case against Tallaght University Hospital and the Health Service Executive is without an admission of liability and was reached after mediation.

The court heard from Oonah McCrann, counsel for Kavanagh instructed by Cantillons Solicitors, that his client’s mother received prescriptions for Epilim both before and during her pregnancy following an epilepsy diagnosis in the early 1990s. Counsel said Kavanagh was exposed to sodium valproate in utero and developed injuries including spina bifida.

Kavanagh, who has to use a wheelchair, was diagnosed with spina bifida after his birth on September 3rd, 1998. He also suffers from seizures and requires life long care.

Mark Kavanagh 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.

Kavanagh had through his mother sued the HSE and Tallaght University Hospital. It was alleged that Kavanagh’s mother did not know about the much higher risk of foetal injury. It was further claimed that she would have avoided taking the drug during her pregnancy if she had been made aware of the purported risk.

During the legal process, it was alleged that there was a failure to provide any care or reasonable care regarding the safety of the infant. Additionally, it was claimed that no discussion took place with the mother regarding her plans to conceive while she was being prescribed Epilim.

The argument was also made that there was an alleged failure to inform the mother that other anticonvulsant medications could have been used to manage her partial onset seizures. It was claimed that the mother was not advised that taking sodium valproate during pregnancy carried a 1 per cent risk of the foetus developing spina bifida.

The defense denied liability, arguing that the mother’s care was completely in line with standard neurological practice at that time. Upon approving the settlement, the judge said that Kavanagh had movingly expressed how he appreciated the work his mother has done for him.

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