A second interim payment of medical negligence compensation for cerebral palsy has been approved in the High Court in favour of an eight-year-old boy.
Luke Miggin was born on 26th February 2006 at the Mullingar General Hospital having been starved of oxygen in the womb due to the negligence of his mother´s consultant obstetrician – Michael Gannon.
Gannon had failed to act on CTG traces taken throughout the day, which indicated a deceleration of the foetal heart rate, and Luke´s delivery was not brought forward to account for his condition as would reasonably be expected.
When Luke was born he had to be resuscitated and was transferred to a special care baby unit. Luke now suffers from cerebral palsy, is unable to walk and needs around-the-clock care.
Through his mother – Emily Miggin of Athboy, County Meath – Luke claimed medical negligence compensation for cerebral palsy and, in 2010, Dr Gannon and the Health Service Executive admitted their liability for his birth injuries.
An interim settlement of compensation amounting to €1.35 million was approved by Mr Justice John Quirke in January 2011, and Luke´s case adjourned for three years to allow time for a structured settlement system of compensation to be introduced.
However, with no such system yet in place, Emily Miggin returned to the High Court to have a second interim payment of medical negligence compensation for cerebral palsy approved by Ms Justice Mary Irvine.
Judge Irvine apologised that Emily had to keep returning to court for approval of her son´s compensation and criticised former Ministers of Justice for failing to deliver on their promises of a structured settlement system.
The judge – clearly frustrated at the situation – commented that ongoing litigation prevents the Miggin family from getting on with their lives and, after approving the €580,000 interim settlement of medical negligence for cerebral palsy, adjourned Luke´s case for a further three years.