Why is sodium valproate called “a scandal bigger than thalidomide?”

Henrietta Hughes, England’s Patient Safety Commissioner, has described the sodium valproate scandal as being “bigger than thalidomide”. It’s a serious claim, given how deeply thalidomide is embedded in the UK’s collective memory of medical harm.

Here, we’ll examine what that comparison is based on, focusing on three main areas: how many people were affected, how long each risk went unaddressed, and how each response differed once the harm was known.

What is thalidomide?

Thalidomide was introduced in the UK in the late 1950s for use as a sedative. It was also given to pregnant women to treat morning sickness, and was marketed at the time as being extremely safe, even for children.

Within a few years, the picture around the medication had changed completely. The drug’s side effects turned out to affect people in two very different ways. For the person taking it, thalidomide could cause nerve damage. But, when used during pregnancy, the results were even more serious, as it could cause miscarriages, stillbirths, and severe physical differences in surviving babies. These outcomes ranged from shortened or missing limbs to damaged eyes, ears, and internal organs.

The link to birth defects was first made public in 1961, and the drug was withdrawn from the UK that December, roughly three years after it went on sale.

How many thalidomide babies were born in the UK?

Around 2,000 babies in the UK were born with thalidomide-related disabilities, with about half dying within their first year. According to the Thalidomide Trust, an estimated 3,000 people worldwide are still living with conditions linked to thalidomide exposure, including around 400 people in the UK.

The number of children believed to have been affected by sodium valproate in the UK is far greater. An estimated 20,000 children are thought to have been affected, meaning the number potentially affected by sodium valproate is around 10 times the number of babies originally born with thalidomide-related disabilities in the UK.

Behind that figure are 20,000 individual children, each with their own family, navigating a lifelong disability that may have been prevented.

How does each drug’s timeline compare?

Thalidomide’s link to birth defects became public in 1961, and the drug was withdrawn within months. From first going on sale to being pulled from UK shelves, the whole episode played out in around three years.

Sodium valproate’s risks in pregnancy were first identified by researchers in the 1970s. However, meaningful restrictions on prescribing it to pregnant women weren’t introduced until 2018, more than 40 years later. Even now in 2026, sodium valproate remains available, albeit under stricter prescribing conditions.

While the drug remains an effective treatment for many people suffering with epilepsy, strict safeguards are still required when it is prescribed during pregnancy.

Comparing the responses to each scandal

Families affected by thalidomide fought a long legal battle for compensation, first winning a partial settlement in 1968, then a fuller one in 1973, when the Thalidomide Trust was established. It took until 2010 for the UK government to formally apologise. Even so, within roughly a decade of withdrawal, there was a dedicated compensation scheme in place.

Sodium valproate’s response has been slower still. Published in 2020, the Independent Medicines and Medical Devices Safety Review (widely known as the Cumberlege report), recommended a redress scheme for affected families. In February 2024, the Patient Safety Commissioner set out detailed proposals for how that scheme should work. 

As of 2026, the government still hasn’t formally responded, meaning the families affected by sodium valproate have already waited longer for a redress scheme than thalidomide families waited for their first settlement.

Measured by the overall timeline or response, sodium valproate compares unfavourably even against thalidomide’s own record. Within the UK specifically, the numbers affected tell a similarly stark story.

What are the side-effects of sodium valproate in pregnancy?

Exposure to sodium valproate in the womb is linked to foetal valproate syndrome, which can lead to physical differences, such as spina bifida, heart defects, and cleft palate. It’s also linked to developmental challenges, including delayed speech and walking, learning disabilities, and a higher likelihood of autism spectrum traits. 

These effects are usually lifelong, and some don’t become obvious until a child starts school and their development is compared with their peers. You can read more about the condition in our full guide to foetal valproate syndrome.

What Support is Available?

Families affected by sodium valproate can draw on a mix of NHS, charity, and legal support.

The NHS Valproate Integrated Quality Improvement programme works with local health services to reduce harm going forward. Additionally, charities such as Epilepsy Action and the Independent Foetal Anticonvulsant Trust (INFACT) offer information and peer support for affected families.

At CL Medilaw, we understand that the support required often goes beyond legal guidance alone. Our birth injury team works to secure not just compensation, but also the extensive funding some families need for ongoing care, therapies, and specialist equipment.  We also regularly run free legal clinics in schools and communities, to reach families who might not otherwise realise they could bring a claim. 

FAQs about thalidomide and sodium valproate

Q: Is thalidomide still used today? Yes, though not for morning sickness. Thalidomide is now prescribed in tightly controlled circumstances for conditions including multiple myeloma, a type of blood cancer, and complications of leprosy. It is no longer prescribed during pregnancy.

Q: Is foetal valproate syndrome similar to the effects of thalidomide? Both are caused by a medication taken in pregnancy, and both can result in physical birth defects. However, the specific effects differ: thalidomide is most associated with limb and organ malformations, while foetal valproate syndrome is more commonly linked to neural tube defects such as spina bifida, alongside a wider range of developmental and learning difficulties.

Who can bring a claim?

You may be able to bring a clinical negligence claim if you took sodium valproate during pregnancy without being properly warned about the risks, and your child has been affected as a result. If you’ve already been told you don’t have a claim, our second opinion service can review your experience, free of charge.

How CL Medilaw can help

Families affected by sodium valproate are still waiting for the kind of redress thalidomide families secured decades ago. We’ve been following this story closely for many years, and we know that waiting for the government to announce a redress scheme isn’t the only option.

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