The High Court has set aside the renewal of a medical negligence summons brought by Sophie Drake against South Infirmary Victoria University Hospital and Riverdale Pharmacy over methotrexate prescribed while she was pregnant.
Drake alleges she was prescribed the medication at the Cork hospital on 8 September 2017 and obtained it from the pharmacy. Methotrexate is contraindicated during pregnancy. She subsequently attended Cork University Hospital with severe vomiting, was confirmed to be pregnant and suffered a miscarriage the following week.
Drake became pregnant again in October 2017 and gave birth to a daughter in July 2018. Her daughter was later diagnosed with periventricular leukomalacia, a form of brain injury. Drake alleges the medication remained in her system and caused or contributed to that condition. She also claims psychiatric injury arising from concern about her daughter's health.
The hospital carried out an internal review and in July 2018 admitted a breach of duty concerning the manner in which methotrexate had been prescribed. The court stressed, however, that this admission concerned the initial prescription and miscarriage and did not determine the later causation issues involving Drake's daughter. Riverdale Pharmacy made no admission.
A personal injury summons was issued on 27 August 2019 but was not served before expiring. It was eventually renewed by the High Court on 9 December 2024. Both defendants applied to have that renewal set aside.
Mr Justice Barr accepted that expert evidence on whether methotrexate caused the child's brain injury was necessary to Drake's own psychiatric injury claim. However, he found that her solicitors had not acted with reasonable expedition in securing that evidence. Covid-19 restrictions and maternity leave within the solicitors' firm did not justify more than five years of delay.
The judge also found that the defendants would face significant prejudice in reconstructing what advice had been given in September 2017. He therefore set aside the renewal. The judgment did not decide the underlying negligence or causation claims.