Boy settles €15m High Court claim over Epilim autism risk during mother's pregnancy
A 13-year-old boy from Rathfarnham, Dublin, settled his High Court claim for €15 million against a consultant neurologist for allegedly failing to inform his mother about autism risks from taking Epilim during pregnancy. His younger brother also settled for €2.65 million, with liability admitted in that case.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court28 Feb
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports58 statements extracted from the articles
- whatJack Clarke is a 13-year-old autistic boy suing a neurologist for failure to inform his mother about Epilim risks during pregnancy. (irishtimes.com)
- whatJack was diagnosed with autism spectrum disorder and has global developmental delay in the moderate range. (irishtimes.com)
- whatElizabeth Elliot Clarke developed epilepsy at age 12 and became Dr Murphy's patient at age 20 in 1999. (irishtimes.com)
- whatDuring her 14-year period as his patient, she was prescribed Epilim together with other drugs on occasion. (irishtimes.com)
- whatIn 2000, Dr Murphy advised that if she became pregnant there was a risk of spina bifida within the first 28 days but that the risk was low and folic acid would reduce it. (irishtimes.com)
- whatShe had her first child, Hanna, in 2007 and expressed concern to Dr Murphy about the risk during that pregnancy. (irishtimes.com)
- whatWhen she became pregnant with Jack in 2008, Dr Murphy continued to prescribe Epilim during the pregnancy. (irishtimes.com)
- whatIt is alleged Dr Murphy did not discuss the possibility of neurodevelopmental impairments from Epilim, even though autism and Asperger's Syndrome risks were known at the time. (irishtimes.com)
- whatJack was diagnosed with autism at the age of three and has various developmental delays and speech and language difficulties. (irishtimes.com)
- whatThe mother alleged both sons suffer with autism as a result of being prescribed sodium valproate or Epilim in pregnancy. (rte.ie)
- whatBoth boys have been diagnosed with autism spectrum disorder. (rte.ie)
- whatThe mother claimed the neurologist did not discuss the risks associated with Epilim with her leading up to her pregnancies. (rte.ie)
- whatJack Clarke is 13 years old and has autism spectrum disorder and moderate global development delay (thejournal.ie)
- whatThe drug in question is sodium valproate under the brand name Epilim (thejournal.ie)
- whatJack sued consultant neurologist Dr Raymond Murphy of the Charlemont Clinic in Dublin (thejournal.ie)
- whatElizabeth Elliot Clarke was diagnosed with epilepsy at age 12 and became a patient of Murphy in 1999 at age 20 (thejournal.ie)
- whatMurphy prescribed Epilim over a 14-year period (thejournal.ie)
- whatIn 2000, Murphy informed Elizabeth Elliot Clarke of a spina bifida risk in the first 28 days of pregnancy but said the risk was low (thejournal.ie)
- whatElizabeth Elliot Clarke gave birth to Hannah in 2007 and Epilim was still prescribed (thejournal.ie)
- whatEpilim was also prescribed during the second pregnancy with Jack in 2008 (thejournal.ie)
- whatIt was alleged Murphy never discussed risks other than spina bifida, including developmental delay or autism (thejournal.ie)
- whatJack was diagnosed with autism at age 3 and has various developmental delays and speech and language difficulties (thejournal.ie)
- whatThe settlement for Jack Clarke was €15 million (irishtimes.com)
- whatThe settlement was without an admission of liability (irishtimes.com)
- whatTom Clarke settled for a €2.65 million interim payment for the next seven years (irishtimes.com)
- whatTheir older sister Hanna Clarke has a case pending before the High Court (irishtimes.com)
- whatThe claim was against Dr Raymond Murphy, a consultant neurologist at the Charlemont Clinic in Dublin (irishtimes.com)
- whatThe drug in question was Epilim, an epilepsy treatment (irishtimes.com)
- whatThe mother is Elizabeth Elliot Clarke (irishtimes.com)
- whatThe mother developed epilepsy at the age of 12 (irishtimes.com)
- whatShe was prescribed Epilim over a 14-year period (irishtimes.com)
- whatJack was diagnosed with autism at the age of three (irishtimes.com)
- whatJack has global development delay falling within the moderate range (irishtimes.com)
- whatThe doctor advised in 2000 about spina bifida risk in the first 28 days but not about neurodevelopmental impairments (irishtimes.com)
- whereJack Clarke lives at Whitechurch Court, Rathfarnham, Dublin. (irishtimes.com)
- whereElizabeth Elliot Clarke is from Rathfarnham in Dublin. (rte.ie)
- whereJack Clarke is from Rathfarnham, Dublin (thejournal.ie)
- whereJack Clarke is from Rathfarnham, County Dublin (irishtimes.com)
- whenShe became a patient of Dr Murphy at the age of 20 in 1999 (irishtimes.com)
- whenThe first child Hanna was born in 2007 (irishtimes.com)
- whenJack was conceived in 2008 (irishtimes.com)
- whenTom was born in September 2013 (irishtimes.com)
- courtTom's case will proceed later as an assessment of damages only as liability has been admitted. (irishtimes.com)
- courtMr Justice Paul Coffey allowed the Murphy side to amend its defence, subject to the Clarke side raising the issue of prejudice later. (irishtimes.com)
- courtThe High Court approved two settlements totalling almost €18m for two boys whose mother was given Epilim in pregnancy. (rte.ie)
- courtA settlement of €15m was approved for Jack with no admission of liability by the defendant. (rte.ie)
- courtThe defendant admitted liability in Tom's case and a €2.65m settlement was approved, to be reviewed in seven years. (rte.ie)
- courtA third case is pending before the court in respect of the family's daughter Hannah, now aged 15. (rte.ie)
- courtThe claims were denied and no liability was admitted in Jack's case (thejournal.ie)
- courtA settlement of €15 million was recommended at the High Court (thejournal.ie)
- courtThe €15 million offer was made after the case adjourned for mediation (thejournal.ie)
- courtLiability was admitted in Tom's case (thejournal.ie, irishtimes.com)
- courtMr Justice Coffey approved both settlements as fair and reasonable (thejournal.ie)
- courtMr Justice Paul Coffey approved the settlements as fair and reasonable (irishtimes.com)
- sentenceA settlement of €2.65 million will be paid for Tom over the next seven years (thejournal.ie)
- otherSolicitor Ciara McPhillips said around 1,200 children in the State are believed to have been affected and her firm was dealing with almost 30 similar cases. (rte.ie)
- otherThe family intend to use some of the money to build or adapt a house for the children's needs. (rte.ie)
- otherThe mother's husband is named Kent (thejournal.ie)
The reporting
newest first- 2 Mar2023Boy (13) settles claim over drug’s autism risk during mother’s pregnancy for €15m
Reports the settlement of two civil High Court claims (Jack Clarke €15m without admission of liability; Tom Clarke €2.65m with admission of liability) against Dr Raymond Murphy for alleged failure to warn about autism risks from Epilim during pregnancy.
victim, Jack Clarke, 13, male, irish (judged from name)Jack Clarkevictim, 9, male, irish (judged from name)victim, Hanna Clarke, female, irish (judged from name)Hanna Clarkevictim, Elizabeth Elliot Clarke, female, irish (judged from name)Elizabeth Elliot Clarkeaccused, Dr Raymond Murphy, male, named, irish (judged from name)Dr Raymond Murphy - 2 Mar202313-year-old boy settles claim for €15m over use of epilepsy drug in mother's pregnancy
Provides details of the 2 March 2023 High Court settlement hearing, including the judge's approval, the mother's statement, the mediation process, the brother's separate settlement with liability admitted, and the pending sister's case.
victim, Jack Clarke, 13, male, irish (judged from name)Jack Clarkevictim, Tom, 9, male, irish (judged from name)Tomvictim, Hannah, female, irish (judged from name)Hannahvictim, Elizabeth Elliot Clarke, female, irish (judged from name)Elizabeth Elliot Clarkesuspect, Dr Raymond Murphy, male, named, irish (judged from name)Dr Raymond Murphy - 2 Mar2023Court approves two settlements over epilepsy drug use
Reports the High Court formally approving the two settlements, Elizabeth Clarke's statement calling the outcome 'vindication,' the differing liability positions (no admission for Jack, admitted for Tom with a seven-year review), and a third pending case for the family's daughter.
victim, Jack, 13, male, irish (judged from name)Jackvictim, Tom, 9, male, irish (judged from name)Tomvictim, Elizabeth Elliot Clarke, female, irish (judged from name)Elizabeth Elliot Clarkesuspect, Raymond Murphy, male, named, irish (judged from name)Raymond Murphy - 28 Feb2023Autism risk from epilepsy drug not explained to mother during pregnancy, court hears
Reports the opening of Jack Clarke's case in the High Court on 28 February 2023, with counsel detailing the mother's 14-year medical history with Dr Murphy, the 2000 advice limited to spina bifida risk, and the alleged failure to discuss autism and neurodevelopmental impairment risks during the 2008 pregnancy. Mr Justice Paul Coffey allowed the defence to amend its subject to a later prejudice argument.
victim, Jack Clarke, 13, male, irish (judged from name)Jack Clarkevictim, Elizabeth Elliot Clarke, female, irish (judged from name)Elizabeth Elliot Clarkevictim, Tom, male, irish (judged from name)Tomvictim, Hanna, female, irish (judged from name)Hannasuspect, Dr Raymond Murphy, male, named, irish (judged from name)Dr Raymond Murphy