# Man Settles Epilepsy Drug Risk Lawsuit for €5 Million A 27-year-old man receives settlement after alleging failure to warn of pregnancy risks. - **Source:** [The Irish Times – News](https://www.irishtimes.com/ireland) - **Published:** 2026-11-11 - **Topic:** [health](https://brifing.si/c/health) - **Original article:** - **On Brifing:** https://brifing.si/s/96105d95-8273-40d5-9060-8829b5f04a22 ## High Court Settlement Reached Mark Kavanagh, a 27-year-old man from Rathfarnham, has settled his High Court action against Tallaght University Hospital and the HSE for €5 million. The legal proceedings concluded following mediation. The settlement was reached without any admission of liability from the defendants regarding the claims brought forward by the plaintiff. ## Alleged Failure to Warn The core of the lawsuit centered on the claim that Kavanagh’s mother, Collette, was not informed about the risks associated with the epilepsy drug sodium valproate, marketed as Epilim. Specifically, the claim alleged a failure to disclose an estimated one percent risk of spina bifida for a developing foetus during pregnancy. ## Medical History and Diagnosis Collette Kavanagh was diagnosed with epilepsy in the early 1990s and was prescribed Epilim before and during her pregnancy. Mark Kavanagh was born on September 3, 1998, and was subsequently diagnosed with spina bifida. He currently relies on a wheelchair for mobility and requires lifelong care due to his complex medical condition. ## Claims of Clinical Negligence The legal team argued that there was a failure to exercise reasonable care for the safety of the unborn child. They contended that medical professionals did not discuss the patient's intention to conceive or advise on alternative anticonvulsant medications that could have been used to treat her partial onset seizures instead. ## Defense Position on Practice While the settlement was approved by Judge Tony O’Connor, the defendants maintained a denial of liability throughout the proceedings. They argued that the clinical management of the mother during the 1990s was entirely consistent with the general neurological practices and medical standards that were in place at that specific time. ## Impact on Patient Life Beyond the physical challenges of spina bifida, Kavanagh also suffers from seizures, necessitating ongoing medical support. During the court proceedings, Kavanagh expressed deep gratitude toward his mother, describing her as a brilliant parent who provided essential care throughout his life, despite the significant health obstacles he has faced since his birth. ## Informed Consent and Pregnancy The case highlights the critical importance of informed consent regarding teratogenic medications, which are drugs capable of causing birth defects. The plaintiff asserted that had his mother been aware of the specific risks associated with sodium valproate, she would have opted against taking the medication while pregnant to protect the foetus. ## Legal and Medical Precedent This settlement underscores the ongoing legal scrutiny surrounding the prescription of sodium valproate to women of childbearing age. As medical guidelines have evolved significantly since 1998, cases like this serve as a reminder of the historical challenges in balancing effective epilepsy treatment with the duty to communicate potential reproductive health risks. ## Sources covering this story - https://www.irishtimes.com/crime-law/courts/2026/11/11/man-27-settles-case-over-alleged-failure-to-inform-mother-of-epilepsy-drug-risks-for-5m/ — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._