A teen with developmental delay and autism is suing a family doctor and a neurologist for failing to properly inform his mother about the risks of taking certain epilepsy drugs during pregnancy.
lex Fahey (16), who is suing through his mother Helen Maher Fahey, of Rathvilly, Co Carlow, was diagnosed with fetal valproate syndrome, which is associated with the drug sodium valproate during pregnancy.
He claims he suffered neurological damage as a baby from his mother taking the drug, which has a brand name Epilim, while she was pregnant.
The Supreme Court heard that medical understanding of the drug’s risks to the fetus has expanded in recent decades.
The case is against GP Dr Patrick Feeney, who works in Stillorgan, south Dublin, and neurologist Dr Janice Redmond, who works in a private clinic at St James’s Hospital, Dublin.
All claims are rejected and will be defended at the six-week hearing.
On Thursday, the judge will decide whether both doctors can adjust their defense.
Aongus O’Brolchain SC, who opened the case today, said for Alex that Ms Fahey’s prescription for Epilim had been increased and she was prescribed another anticonvulsant called Lamictal in 1997.
After becoming pregnant in April 2005, Ms. Fahey called her neurologist’s office with concerns about Lamictal, counsel said. However, she cannot remember whether she spoke directly to the neurologist or to her secretary. Anyway, the counselor said, she came away from the conversation feeling reassured.
Mr O’Brolchain said Ms Fahey was not concerned about Epilim, which she had taken at a lower dose in previous pregnancies, as she had previously been told it was safe and that folic acid would significantly reduce risks.
Counsel said she was not advised that at the time it was known among medical professionals that there were serious risks in taking Epilim. He added that she knew the associated risks until 1998.
Ms Fahey had a miscarriage, which has not been reported, but became pregnant with Alex in December 2005.
Following Mrs Fahey’s phone call in April, it turned out that the neurologist contacted the GP in May with the statement that Mrs Fahey should be informed about the risks of the medication.
In June, the GP sent a letter to Ms Fahey’s old address with the request to contact the practice about the message from the neurologist. The court was told she had not received the letter and the GP’s office had her phone number.
Mr O’Brolchain said Ms Fahey “clearly wanted to have a child and both doctors thought she was pregnant” so the risks of the Epilim drug should have been explained to her.
Counsel said the neurologist initially prescribed and determined Ms Fahey’s medication dosage, while the GP wrote repeat prescriptions for the drugs.
She worried she did not contact the neurologist when she was pregnant with Alex, the court heard in response to a question from Mr Justice Garrett Simons.
Patrick Hanratty SC, for the neurologist, said that after the April 2005 call, his client asked Ms Fahey to come into the office, but she refused. He also said that in 2005 there were no alternative treatment options known to carry less risk.
The judge will rule tomorrow whether it will allow both doctors to adjust their defense.
The case continues.