Legal aid withdrawal stops birth defects case

The move, before a judge in London, came after an earlier announcement by the families’ lawyers that they were forced to abandon the case against the makers of sodium valproate, a drug used to prevent epileptic seizures, because their legal aid had been withdrawn.

Claimants alleged that the drug, known as Epilim, caused a range of birth defects, such as spina bifida, damage to the heart, learning difficulties, cleft palates and deformities of the hands and feet.

Families had been seeking damages against manufacturer sanofi-aventis, saying there were inadequate warnings about possible harm in the 1990s.

The firm denies the claims, saying it has always provided appropriate precautions and warnings on the risks associated with possible side-effects of the medicine.

Claims by more than 150 families were formally discontinued at a hearing yesterday before Mr Justice Eady.

At the close of proceedings, Colin McCaul QC, for the claimants, said: “The defendant proclaims a core value of acting in a socially and ethically responsible manner. That is laudable.

“In that light, on behalf of these claimants, I would simply ask the defendant consider setting up a no fault compensation scheme in respect of anyone who has been born with specific types of injury in circumstances where his or her mother has taken Epilim during the pregnancy.”

David Body, head of medical law and patients’ rights at law firm Irwin Mitchell, said the discontinuation of the claims was “not because we have lost our fight in court but because continuing without legal aid funding would place our clients at too great a financial risk”.