Boy (13) settles claim over drug’s autism risk during mother’s pregnancy for €15m

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Boy (13) settles claim over drug’s autism risk during mother’s pregnancy for €15m
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Younger brother also settles action over prescribing of epilepsy drug to their mother by neurologist

The latest settlement occurred after Jack’s case, which had opened before the High Court, adjourned for mediation.

In Jack’s proceedings, it was claimed that if his mother Elizabeth Elliot Clarke had been warned about the known risks of autism from taking Epilim, she would have opted for alternative treatment. Liability was admitted in that case which has now settled with a €2.65 million payment for the next seven years, the court heard. His case will come back before the court in 2030 when Tom’s needs will be further assessed.

“Today’s settlement in both cases opens the door for others, we sincerely hope, who are searching for and deserve to be vindicated. I want the boy’s cases to help others,” it added. At the opening of Jack’s case this week, Mr O’Brolchain told the court Ms Elliot Clarke developed epilepsy at the age of 12 and became a patient of Dr Murphy at the age of 20 in 1999.

She had her first child, Hanna, in 2007 and during the pregnancy expressed concern to Dr Murphy about the risk. However, as this was after the 28-day period, and therefore a past risk, he continued to prescribe Epilim. When she became pregnant with Jack, in 2008, he continued to prescribe the drug during pregnancy.

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