Who can bring a claim for sodium valproate compensation?

Sodium valproate has been used to treat epilepsy, and less commonly bipolar disorder and migraines, since the 1970s. While concerns about its safety in pregnancy were raised around the time, meaningful restrictions on prescribing it to pregnant women weren’t introduced for more than 40 years.

Exposure to sodium valproate in the womb has been found to cause serious physical and developmental difficulties in some babies that can last a lifetime. Thousands of women could have been prescribed the medication during a period when the risks to their unborn child were already known, but not properly explained to them. England’s Patient Safety Commissioner has gone as far as describing it as being “a bigger scandal than thalidomide”.

You may be able to claim sodium valproate compensation if you took it during pregnancy without being properly warned about the potential side-effects, and your child has been affected as a result.

Who can bring a sodium valproate claim?

Sodium valproate compensation claims are usually brought by a parent, acting as their child’s litigation friend. If your child lacks the mental capacity necessary to manage their own affairs after turning 18, a parent or other appointed person can continue to act on their behalf.

These claims are brought against the NHS Trust or GP practice that was responsible for your care, and not the manufacturer of the drug. The medication isn’t unsafe for everyone, in fact, it remains an effective treatment for many patients. The basis for a claim will be whether you were properly warned of the risks in pregnancy specifically, and given the chance to consider alternatives.

You may have a case if:

• You took sodium valproate at any point during your pregnancy.
• You weren’t warned about the risk of birth defects or developmental harm.
• You weren’t told about the pregnancy prevention programme, or given the chance to discuss alternative treatments.
• Your child has since been diagnosed with a condition linked to the medication, such as foetal valproate syndrome.

What does a successful claim prove?

A sodium valproate compensation claim needs to satisfy two legal tests: breach of duty and causation.

• Breach of duty means showing your care fell short of what a responsible doctor would have provided at the time, usually because you weren’t properly warned of the risks or offered alternative treatments.
• Causation means showing that, with the right information, you’d have made a different choice, and your child’s injury would have been avoided.

Both tests usually require independent expert medical evidence. In practice, this means gathering:

• Your medical records, showing when you were prescribed sodium valproate and what, if anything, you were told about the risks.
• Your child’s medical records and diagnosis, showing the condition linked to the exposure.
• Expert medical evidence, confirming both that your care fell short and that this caused your child’s injury.

This can seem daunting at first, particularly while caring for a child with complex needs. However, a specialist solicitor will manage the process for you and provide guidance at every step.

How long do you have to make a sodium valproate claim?

If your child was affected by sodium valproate in pregnancy, the usual three-year time limit doesn’t start until they turn 18. From that point, they have until they’re 21 to bring a claim themselves, if one hasn’t already been started.

However, this time limit may not apply at all if your child lacks the mental capacity to manage their own affairs in adulthood. Because every person’s experience is different, it’s always worth getting advice on your specific circumstances as soon as possible to find out where you stand.

NHS Resolution’s Valproate Claims Gateway

NHS Resolution is the organisation responsible for managing clinical negligence claims against the health service, investigating claims, and responding on behalf of NHS organisations. Following the Cumberlege report, it introduced an alternative process for sodium valproate compensation claims; providing a questionnaire that can be sent directly to NHS Resolution without instructing a solicitor first.

This isn’t a dedicated compensation or redress scheme. It’s an alternative way of notifying NHS Resolution of a potential claim, which its own solicitors then investigate. This means you won’t automatically have your own representation to advise you on the strength of your case, gather evidence, or protect your interests, unless you instruct one separately.

NHS Resolution itself suggests claimants may wish to get independent legal advice. Speaking to a solicitor first means having someone on hand to guide you through the process, rather than navigating it alone.

FAQs about sodium valproate compensation

Q: What if another solicitor has already told me I don’t have a claim? It’s always worth getting a second opinion, particularly in complex cases like these. An initial assessment isn’t necessarily the final word.

Q: What NHS or charity support is available, alongside a claim? The NHS Valproate Integrated Quality Improvement programme works with local health services to reduce harm going forward, and charities including Epilepsy Action and the Independent Foetal Anticonvulsant Trust (INFACT) offer information and peer support for affected families. 

Our guides on what foetal valproate syndrome is and the wider story around the sodium valproate scandal cover the background in more detail.

Q: How much compensation could I receive for a sodium valproate claim? Compensation is usually split into two parts: general damages for the injury itself and its impact on quality of life, and special damages covering costs such as past and future care, therapies, specialist equipment, and lost earnings. The amount depends entirely on your child’s individual needs, so there’s no set figure.

Q: How long does a sodium valproate claim take? These claims can take several years, particularly where a child’s long-term needs aren’t yet clear. Cases are sometimes deliberately paused until a child is older and their prognosis can be properly assessed, ensuring compensation reflects their actual needs rather than a broad early estimate.

Q: What if I can’t afford legal fees? Many clinical negligence solicitors offer no win, no fee arrangements, so there’s no upfront cost and no financial risk in exploring whether you have a claim.

Talk to CL Medilaw today

The team at CL Medilaw specialises in birth injury and medication harm claims, including cases involving sodium valproate. We gather the right medical evidence, work with independent experts, and, where possible, aim to secure interim funding to make sure a child’s care doesn’t have to wait.

If you’ve already been told you don’t have a claim, it’s often worth a second look. It’s far from uncommon for a fresh review of the evidence to reach a very different conclusion.

We also act on a no win, no fee basis, so there’s no financial risk in finding out where you stand. If you or your child have been affected by sodium valproate, contact our specialist team for a free conversation today.