Victims of epilepsy drug valproate and vaginal mesh should get compensation, government told
The government is being told to urgently set up a financial package to help patients damaged by epilepsy drug valproate and vaginal mesh.
Calculations for the cost of the package amount to half a billion pounds – just for the initial payments, according to a report by the Patient Safety Commissioner for England, Dr Henrietta Hughes.
Previously, the government rejected calls for such a scheme, but Dr Hughes’s report says that position “is unsustainable” and “is causing immense anxiety for harmed patients”.
Based on the needs identified by patients in a survey, valproate victims would need an initial payment of £100,000 per patient, and vaginal mesh victims would need £20,000.
Because more mesh victims answered the survey, this amounts to an average of £25,000, for an estimated 20,000 claimants, adding up to half a billion pounds.
However, there would then be a secondary payout based on assessments of future needs.
Dr Hughes told Sky News: “The need for redress is now. I want the government to get on with it, to set up a scheme for patients and start making payments in 2025.”
The report says: “The purpose of the Interim Scheme is to offer patients an initial, fixed sum in recognition of the avoidable harm they have suffered as a result of system‑wide healthcare and regulatory failures.
“The purpose of the Main Scheme is to recognise that the system-wide healthcare and regulatory failures caused different levels of harm to each patient.
“Consequently, the Main Scheme will require a more individualised approach with greater evidential requirements that will require more time to develop.”
Ultimately, this could also mean even larger sums of money.
Primodos not included
Dr Hughes was asked by the Department of Health to explain how to meet the needs of patients who have suffered “avoidable harm” identified by Baroness Cumberlege in her review into mesh, valproate and Primodos published in 2020.
However, controversially, Dr Hughes was told by the government not to look at a scheme for children allegedly damaged by Primodos.
Dr Hughes told Sky News: “I wanted to include the Primodos families and I was told that the government didn’t want them included.
“I said right from the start that if you have an independent review, the government should accept all the recommendations. Cumberlege recommended redress for victims of Primodos and I believe the same.”
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Primodos was a drug given to women as a pregnancy test in the 1960s and 1970s which is alleged to have caused multiple forms of malformations to the foetus in the womb. The manufacturer, Bayer, has always denied a causal link between the drug and birth defects.
Valproate is an epilepsy drug that can cause what is called Valproate Syndrome in children born to women using the drug, which includes distinct facial dysmorphism, congenital anomalies, developmental delay and autism.
Pelvic Mesh implants were given to women to support internal organs after childbirth or a hysterectomy – but have left an estimated 10,000 people with disabilities as the mesh cut into their organs and nerves.
Patricia Alexander
Patricia Alexander, 46, took valproate during both her pregnancies, not knowing it would cause her daughter and son to have autism and life-long learning difficulties.
She told Sky News: “We’re talking about reminding them how to use the toilet properly, washing their hands, drying their hands, having a wash, brushing their teeth… things like this that children would have learned when they’re very small, we’re still having to do every day.”
Her daughter Amelie is 14 and her son Joseph is now 23, but he still needs warning about cars when crossing the road.
Patricia added: “Our biggest worry is what will happen to children when the time comes that we’re not here to look after them.”
It is more than six years since Sky News revealed how regulators knew back in the 1970s that Valproate posed a risk, but for years chose not to tell patients.
Patricia Alexander and son Joseph
‘Huge step forward’
Emma Murphy, founder of valproate support group INFACT, told Sky News this report was “a huge step forward,” adding: “The report outlines a number of options and ways the government could now implement redress but this does mean our families are again having to wait for the government to decide what to do.
“INFACT strongly urge the government to act upon this report that they requested and deliver justice to Britain’s valproate children, just like they did with Thalidomide babies.”
Sky News has also campaigned for years for recognition of the harms caused by mesh implants.
Mesh victim Natasha Brown speaks to Sky’s Jason Farrell
Mesh victim Natasha Brown described the pain as “like there is a piece of wood, a pencil, wedged in there.”
She now walks with a crutch, has had to give up her cleaning business, and is dependent on her two young daughters.
She said: “I don’t want them to be my carers. It’s really hard when you’re cooking tea and you have to get your 12-year-old to lift something out of the oven for you, and seeing my neighbours take them on long walks or taking them kayaking, and all I get is the photographs at the end.
“I want to be doing that. I’m only 49. I’m supposed to be doing those things for them, and with them. It has taken our lives away, and that’s wrong.”
Ms Brown now walks with a crutch due to the pain she suffers
‘Gaslit for years’
Kath Sansom, founder of campaign group Sling The Mesh, said: “While we are pleased that this report validates the suffering of thousands of women – many who have lost jobs, pensions, homes, partners, and live in constant pain – there are also concerning elements to it.
“Most notably, the initial sum of £25,000 for mesh is disappointingly low. We hope second-stage payments for women directly harmed will compensate for that.
“All women harmed by pelvic mesh trusted they were having a gold standard surgery, with little to no warning of risks from their surgeon, and as a result experienced irreversible, life-altering complications.
“Many were then gaslit for years, and, just like the post office scandal, told they were the only ones suffering, forcing them to suffer in silence.
“Finally, our hearts go out to the Primodos families who have been campaigning since the 1960s and 70s, who have no positive financial redress news at all in this report.”
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From February 2022: Epilepsy drug victim: ‘Government hid this’
Marie Lyon from the Association for Children Damaged by Hormone Pregnancy tests said: “The PSC has failed to engage with our families to ensure their patient safety needs are met.
“For more than five decades, our families have had sole responsibility of both the physical and mental health of their children. Shameful.”
Women’s health minister Maria Caulfield said: “Our sympathies remain with those affected by sodium valproate and pelvic mesh and we are focused on improving how the system listens to patients and healthcare professionals, as well as introducing measures to make medicines and devices safer.
“I am hugely grateful to the Patient Safety Commissioner and her team for their work on this important issue.
“The government is carefully considering the Patient Safety Commissioner’s recommendations and will respond to the report fully, in due course.”
The UK-US trade deal has been signed and is “done”, US President Donald Trump has said as he met Sir Keir Starmer at the G7 summit.
The US president told reporters in Canada: “We signed it, and it’s done. It’s a fair deal for both. It’ll produce a lot of jobs, a lot of income.”
Sir Keir said the document “implements” the deal to cut tariffs on cars and aerospace, describing it as a “really important agreement”.
“So this is a very good day for both of our countries – a real sign of strength,” the prime minister added.
Mr Trump added that the UK was “very well protected” against any future tariffs, saying: “You know why? Because I like them”.
However, he did not say whether levies on British steel exports to the US would be set to 0%, saying “we’re gonna let you have that information in a little while”.
Mr Trump also praised Sir Keir as a “great” prime minister, adding: “We’ve been talking about this deal for six years, and he’s done what they haven’t been able to do.”
He added: “We’re very longtime partners and allies and friends and we’ve become friends in a short period of time.
“He’s slightly more liberal than me to put it mildly… but we get along.”
Sir Keir added that “we make it work”.
As the pair exited a mountain lodge in the Canadian Rockies where the summit is being held, Mr Trump held up a physical copy of the trade agreement to show reporters.
Several leaves of paper fell from the binding, and Sir Keir quickly stooped to pick them up, saying: “A very important document.”
Sir Keir Starmer picks up paper from the UK-US trade deal after Donald Trump dropped it at the G7 summit. Pic: Reuters
The US president also appeared to mistakenly refer to a “trade agreement with the European Union” at one point as he stood alongside the British prime minister.
Mr Trump announced his “Liberation Day” tariffs on countries in April. At the time, he announced 10% “reciprocal” rates on all UK exports – as well as separately announced 25% levies on cars and steel.
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In a joint televised phone call in May, Sir Keir and Mr Trump announced the UK and US had agreed on a trade deal – but added the details were being finalised.
Ahead of the G7 summit, the prime minister said he would meet Mr Trump for “one-on-one” talks, and added the agreement “really matters for the vital sectors that are safeguarded under our deal, and we’ve got to implement that”.
Whitehall officials tried to convince Michael Gove to go to court to cover up the grooming scandal in 2011, Sky News can reveal.
Dominic Cummings, who was working for Lord Gove at the time, has told Sky News that officials in the Department for Education (DfE) wanted to help efforts by Rotherham Council to stop a national newspaper from exposing the scandal.
In an interview with Sky News, Mr Cummings said that officials wanted a “total cover-up”.
Politics latest: Grooming gangs findings unveiled
The revelation shines a light on the institutional reluctance of some key officials in central government to publicly highlight the grooming gang scandal.
In 2011, Rotherham Council approached the Department for Education asking for help following inquiries by The Times. The paper’s then chief reporter, the late Andrew Norfolk, was asking about sexual abuse and trafficking of children in Rotherham.
The council went to Lord Gove’s Department for Education for help. Officials considered the request and then recommended to Lord Gove’s office that the minister back a judicial review which might, if successful, stop The Times publishing the story.
Lord Gove rejected the request on the advice of Mr Cummings. Sources have independently confirmed Mr Cummings’ account.
Education Secretary Michael Gove in 2011. Pic: PA
Mr Cummings told Sky News: “Officials came to me in the Department of Education and said: ‘There’s this Times journalist who wants to write the story about these gangs. The local authority wants to judicially review it and stop The Times publishing the story’.
“So I went to Michael Gove and said: ‘This council is trying to actually stop this and they’re going to use judicial review. You should tell the council that far from siding with the council to stop The Times you will write to the judge and hand over a whole bunch of documents and actually blow up the council’s JR (judicial review).’
“Some officials wanted a total cover-up and were on the side of the council…
“They wanted to help the local council do the cover-up and stop The Times’ reporting, but other officials, including in the DfE private office, said this is completely outrageous and we should blow it up. Gove did, the judicial review got blown up, Norfolk stories ran.”
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Grooming gangs victim speaks out
The judicial review wanted by officials would have asked a judge to decide about the lawfulness of The Times’ publication plans and the consequences that would flow from this information entering the public domain.
A second source told Sky News that the advice from officials was to side with Rotherham Council and its attempts to stop publication of details it did not want in the public domain.
One of the motivations cited for stopping publication would be to prevent the identities of abused children entering the public domain.
There was also a fear that publication could set back the existing attempts to halt the scandal, although incidents of abuse continued for many years after these cases.
Sources suggested that there is also a natural risk aversion amongst officials to publicity of this sort.
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Mr Cummings, who ran the Vote Leave Brexit campaign and was Boris Johnson’s right-hand man in Downing Street, has long pushed for a national inquiry into grooming gangs to expose failures at the heart of government.
He said the inquiry, announced today, “will be a total s**tshow for Whitehall because it will reveal how much Whitehall worked to try and cover up the whole thing.”
He also described Mr Johnson, with whom he has a long-standing animus, as a “moron’ for saying that money spent on inquiries into historic child sexual abuse had been “spaffed up the wall”.
Asked by Sky News political correspondent Liz Bates why he had not pushed for a public inquiry himself when he worked in Number 10 in 2019-20, Mr Cummings said Brexit and then COVID had taken precedence.
“There are a million things that I wanted to do but in 2019 we were dealing with the constitutional crisis,” he said.
The Department for Education and Rotherham Council have been approached for comment.
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