Ulster girl awarded €500k settlement for birth defects

By Claire McNeilly
Wednesday, 10 February 2010

Omagh girl Rebecca McGillin was born with a deformed hand and thin lips

Omagh girl Rebecca McGillin was born with a deformed hand and thin lips

A young Ulster girl has been awarded €500,000 (£439,000) following an intense battle between her parents and two leading medical experts in the Republic.

Rebecca McGillin (8) from Co Tyrone, was born in April 2001 with a deformed hand, thin lips, problems with balance and other features of Sodium Valproate Syndrome.

Through her father, Barry, the little girl took a legal action against consultant psychiatrist Professor Patricia Casey and consultant obstetrician Dr Mary Holohan over her disabilities, allegedly caused by prescription drugs taken by her mother Lisa during pregnancy.

Last night, after the Republic’s High Court approved a €500,000 settlement to her family, Rebecca’s mum said her daughter was only interested in one thing — the present she had been promised.

“She will be getting her present tonight — a Sylvanian Family restaurant — when we get home to Omagh, so I'm delighted to be able to bring that back to her,” an emotional Mrs McGillin said outside court.

Rebecca was described as a bright, cheerful, attractive girl whose mental capacity is not affected by her condition. The court also heard that she is of above-average intelligence. “I wouldn't change her for the world,” her mother added.

The settlement was without admission of liability by either Prof Casey or Dr Holohan, who had denied all claims against them, including those of negligence in their treatment of Mrs McGillin, whose separate action was also settled yesterday.

Mrs McGillin said she was “delighted for my daughter and I'm delighted that I am not responsible for what happened to her and that has meant an awful lot to me”.

“And that's what this was about, it was never about money, but obviously it will help to secure her future, and I'm delighted about that.”

The court heard Mrs McGillin had been treated by Prof Casey since 1994 and had been diagnosed with mild bi-polar disorder and depression. Her medication prior to and for certain periods during her pregnancy included lithium, used as a mood stabiliser, and Epilim, an anti-convulsant primarily used to treat epilepsy but also used in the treatment of depression. The active ingredient in Epilim is sodium valproate.

In proceedings which opened last week, it was alleged that both doctors should have ensured Rebecca's mother was taken off lithium and Epilim in pregnancy.

Mrs McGillin, originally from Malahide outside Dublin, became pregnant in July 2000 after being treated by Dr Holohan for some six months with a view to improving her fertility chances.

She was on both drugs prior to pregnancy and also took both at some stages in her pregnancy, the court heard.

In evidence, Mrs McGillin said she went off lithium for most of the first trimester but resumed taking it prior to the end of that 12-week period because she had a relapse of her illness.

She also said she ceased taking all drugs, including Epilim, four months into the pregnancy, but that claim was disputed.

Approving the settlement of the child's case yesterday, High Court President Mr Justice Nicholas Kearns described it as a “good” settlement and wished the child and her family well into the future.

The court was told it was quite clear that Mrs McGillin was “not to blame” for what had happened to her daughter and the issue was whether the mother's condition was treated in a reasonable way.

A plea by Prof Casey of contributory negligence against Mrs McGillin had been withdrawn at the outset of the case, the judge added.

As a consequence of my daughter’s death in 1978 the UK Government was warned by a lead American doctor of the adverse reactions associated with Epilim [Sodium Valproate]. Consequently, an adjournment was held on the 27th Nov 1979 and throughout the eighties questions were still being raised in parliament of it’s safety aspects.
Continually ignored, it is now reported that 37,500 children in the UK have suffered brain and physical damage as a result of Epilim’s continued usage and legal action is pending. Epilim is now being labelled as the second Thalidomide scandal.
Even today questions are being ask by our MP of Epilim’s safety and whether it original testing and licensing procedures were adequately followed.

Joan and Derek Bye

Posted by Joan Bye | 10.02.10, 22:39 GMT

Post a complaint

Please note Name and E-mail are required.

Contact details

NiteLife: White's Tavern

Had a big night out? Click here to send your pics

In Pictures: Lingerie Super Bowl 2012

In Pictures: Lingerie Super Bowl 2012

Women: Can you flaunt too much?

Women: Can you flaunt too much?

Old School Pictures: Ian Paisley

Old School Pics: Girls Aloud Nadine Coyle

To launch gallery click image or select school below

Methodist College, Campbell College, Grosvenor,
Bangor Grammar, Dunlambert, St Augustine's,
St Dominic's, Royal Academy, Ballymena Academy

Teletoons by Stevie Lee

Teletoons by Stevie Lee

Follow us on Twitter

In Pictures: The Troubles

Titanic Gallery: First class bedroom

Titanic Gallery: exclusive collection

Out & About: Pizza Night

Out & About: Pizza Night

Columnist Comments

gail_walker

Gritty, moving and heroic...Billy plays captured life here

It was the best of times, it was the worst of times ... Sunday's 30th anniversary screening of the seminal Too Late to Talk to Billy was riveting viewing. But it wasn't nostalgic viewing.
ed_curran

Parties need better defence in Stormont's game of two halves

Surprise, surprise. Peter Robinson has been to his first gaelic match, Martin McGuinness is heading for Windsor Park and the Ulster Unionists have scored another own goal.
nuala_mckeever

Why trying to go on a diet is never really a piece of cake

Some people make New Year’s resolutions, I make lists. Every new year I determine to keep track of everything I spend and everything I eat and drink.

frances_burscough

Scary movie? Their jaws were sore from laughing

Teenage boys love horror films and I have two who are in charge of the remote control in our house, so naturally there’s gore-a-plenty on the box most weekends. However, until recently one film was banned.

Just Born: Readers' Baby Pictures

Just Born: Readers' Baby Pictures

To send Us Your Baby snaps just Click here

Just Wed: Readers' Wedding Pictures

Just Born: Readers' Wedding Pictures

To send Us Your Wedding snaps just Click here

Latest Comments

Belfast Telegraph Home Delivery