Mother, 37, who lost her first child while six-months pregnant after GP failed to tell her epilepsy pills posed 'significant risk' to unborn babies wins £150,000 payout

  • Pregnant woman wasn't warned her epilepsy medication poses risk to babies
  • Victoria McMahon, now 37, was forced to terminate her baby boy at six months 
  • She had not been told Epilim Chrono can lead to foetal valproate syndrome
  • Lawyers for her GP Dr Amita Singh now agreed to settle a civil claim  of £150,000

A mother has been awarded £150,000 after her GP failed to tell her that her epilepsy medication posed a 'significant risk' to unborn babies - which led to her having to undergo a termination while six months pregnant.

Victoria McMahon, now 37, from Speke, Liverpool, was not warned that her epilepsy medication, which contains sodium valproate, poses a significant risk to unborn babies and can lead to foetal valproate syndrome.

Eight years after the horrific experience of terminating an almost fully-developed baby boy, lawyers for her GP, Dr Amita Singh, agreed to settle a civil claim for fees and costs amounting to £150,000.

Victoria McMahon, now 37, from Speke, Liverpool, was not warned that her epilepsy medication, which contains sodium valproate, poses a significant risk to unborn babies and can lead to foetal valproate syndrome

Victoria McMahon, now 37, from Speke, Liverpool, was not warned that her epilepsy medication, which contains sodium valproate, poses a significant risk to unborn babies and can lead to foetal valproate syndrome

Ms McMahon, who has since had another child, says she will never forget being told that the medication she had been taking for months left her baby, named Jake, with a high chance of severe abnormalities.

The mother told the Liverpool Echo: 'For me, this hasn't ever been about money, it is about justice.

'None of this would have happened if [the GP] had just done the right thing from the beginning.'

Ms McMahon visited Speke Neighbourhood Health Centre, South Parade, on November 25, 2010, and asked Dr Singh for advice because she was unsure whether she could get pregnant

Ms McMahon visited Speke Neighbourhood Health Centre, South Parade, on November 25, 2010, and asked Dr Singh for advice because she was unsure whether she could get pregnant

Ms McMahon visited Speke Neighbourhood Health Centre, South Parade, on November 25, 2010, and asked Dr Singh for advice because she was unsure whether she could get pregnant.

Dr Singh referred her to an infertility clinic, but did not discuss the risks of her medication, Epilim Chrono, which contains sodium valproate.

The GP again failed to make clear the risks of the medication when Ms McMahon returned to the practice on December 21, 2010, after becoming pregnant.

According to a Particulars of Claim document, served to Liverpool County Court: 'Any competent GP would have been aware that anti-epileptic medication, including sodium valproate, carries a significant risk of teratogenicity (foetal malformation).'

The document says the medical guideline, the British National Formulary (BNF), 'would have been held or ought to have been held by the defendant'.

The BNF states: 'Women who are taking anti-epileptic drugs who may become pregnant should be informed of the possible consequences. Those who  wish to become pregnant should be referred to an appropriate specialist for advice.'

The claims documents state: 'As a result of the negligence of the defendant, the claimant had to undergo the said pregnancy and the termination of that pregnancy, including giving birth to the foetus. In addition to the pain and suffering arising from the pregnancy, termination and labour, she has suffered psychological injuries.'

Ms McMahon visited Speke Neighbourhood Health Centre, South Parade, on November 25, 2010, and asked Dr Singh for advice because she was unsure whether she could get pregnant

Ms McMahon visited Speke Neighbourhood Health Centre, South Parade, on November 25, 2010, and asked Dr Singh for advice because she was unsure whether she could get pregnant

Dr Singh initially claimed she had offered appropriate advice to Ms McMahon, but in her own medical notes of the appointment she did not mention a discussion of the risks of sodium valproate. A medical expert instructed by Ms McMahon's legal team said: 'By her own statement, Dr Singh did not give this detailed advice and this was a clear breach of duty of care, in my view.'

Ms McMahon said she was informed by a specialist at Alder Hey on February 15, 2011, that her baby had a high risk of brain damage and 'major physical deformity'.

Sodium valproate medicines and risks in pregnancy 

Research has shown that taking valproate medicine during pregnancy can harm your unborn child. Valproate medicines include sodium valproate (Epilim, Depakote) and valproic acid (Convulex). Taking valproate medicine during pregnancy can cause birth defects and problems with a child’s development and learning.

In the UK, the Medicines and Healthcare products Regulatory Agency (MHRA) has issued new rules about how doctors can prescribe valproate medicines. This means doctors must not prescribe valproate to women or girls of childbearing age, unless they are on a pregnancy prevention programme.

Valproate can cause two sorts of problems when taken during pregnancy: birth defects and problems with learning and development.

In women who take valproate during pregnancy, around 1 in every 10 babies will be born with birth defects. 

Source: Epilepsy Action 

 

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After a further appointment, she made the heartbreaking decision to terminate the pregnancy.

She was referred to St Mary's Hospital, in Manchester, where she underwent the traumatic experience of giving birth to her lifeless son into a cardboard bedpan.

She told the Liverpool Echo: 'My mum was with me and she told me not to see him. But, later that night, I asked the nurse and followed her down the corridor. She opened what just looked like a household fridge, and took out a basket. He was in there, I just screamed. He actually looked perfect.'

Ms McMahon has suffered significant psychological distress since the incident and has undergone counselling.

She said: 'I still have a memories box they gave me - it has the blanket that they wrapped him in, which still smells of him. They have his little footprints.'

Richard Malloy, a solicitor at Gregory Abrams Davidson, who represented Ms McMahon, said: 'This has been an extremely traumatising case for my client.

We have been pleased to be able to bring the case to a successful conclusion without the added stress of a trial.'

An attempt was made to contact Dr Singh through the Medical Defence Union, but a spokeswoman said she could not comment. The practice manager at Speke Neighbourhood Medical Centre said she could not comment on the case.

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