Legal aid withdrawn -Epilim Mum takes drug fight to Downing Street

Mum takes drug fight to Downing Street


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A Prestwich mum has helped deliver a protest petition to Downing Street as part of a six year legal battle over the safety of an anti-epilepsy drug.




Emma Downes, of Ostrich Lane, visited Number 10 to campaign against the sudden cut in legal aid for people trying to take on the makers of epilepsy drug Epilim Chrono in the High Court.



Babies exposed to anti-epilepsy drugs during pregnancy are considered at higher risk of suffering from foetal anti-convulsant syndrome (FACS), which can cause a range of conditions including spina bifida, heart problems and cleft lip and palate.

All Emma’s five children suffer from FACS.  



The former nursery nurse and other parents from the Organisation for Anti Convulsant Syndromes (OACS) are fighting for compensation for mothers who claim their children have developed FACS because they took the drug during pregnancy. In 2004 OACS was awarded £4m in legal aid to make its case. So far, £3.25m has been spent preparing for a High Court trial. But the remaining £750,000 necessary for it to go ahead was withdrawn by the Legal Services Commission (LSC) three weeks before it was due to begin on November 15.



Emma, 30, who was accompanied to London by daughter Lauren, six, who also has cerebral palsy, said: "To have the funding withdrawn is devastating. It’s been going on for six years and the money was allocated for the whole case, including the 18 week trial. If this case doesn’t go to trial after six years it’s an injustice."



After handing over the 1,000-signature petition, intended for Justice Secretary Ken Clarke, parents talked to MPs. Former Lib Dem leader Sir Menzies Campbell has called for legal aid to be reinstated.



Janet Williams, who took the drug during pregnancy and founded OACS, said: "To take it away three weeks before the trial is ridiculous. If these children don’t get compensation they are going to have to be looked after by the state for the rest of their lives."



There are 169 children directly involved in the case and OACS says it has been in touch with many other affected families. Beth Reay, the solicitor representing the families, said: "We are doing everything we can legally to have the decision reversed."



The campaigners say, because financial support was withdrawn so close to the trial, there was not enough time to find alternative funding.



A spokesperson for the LSC said: "Before making the decision the LSC had to await the exchange of evidence and the provision of comprehensive opinions from counsel – this process was only completed shortly before the date listed for trial. The LSC can only spend taxpayers’ money where we believe there is a reasonable prospect of success."



Emma added: "We have got to live with this every day. I want to raise awareness for other mums whose doctors don’t understand the risks when they go to their appointments."



A spokesman for Sanofi-aventis, manufacturers of Epilim Chrono, said: "We have always provided appropriate warnings in relation to potential risks associated with use of this medicine, including possible risks to the unborn child, in line with developing scientific knowledge."



The group’s next court date is on December 21, when it must offer an update on whether legal aid has been reinstated