Additional Birth Injury Compensation of €3m Awarded to Boy (14)

An additional birth injury compensation settlement of €3m has been approved for Luke Miggin, who has cerebral palsy.

This brings the total amount of compensation awarded to Luke to over €6m the amount in relation to the circumstances of his birth at Mullingar General Hospital in February 2006.

This interim settlement is the result of mediation talks and should account for Luke’s needs over the coming six years. He took the legal action, in relation to his injuries sustained at birth, via his mother Emily Miggin. They sued the health Service Executive and consultant obstetrician, Michael Gannon, of Mullingar Hospital.

On February 28 2006 Luke was delivered shortly after 5pm on February 28th 2006. In a previous action the Judge was informed that Luke would not have sustained his injuries if he had been delivered one hour earlier. Liability was accepted by the HSE and Dr Gannon.

Justice Kevin Cross was informed by Luke’s legal representative, Denis McCullough SC, for the boy, that he (Luke) is happy at school and is a bright and enthusiastic child. Emily, who had been working as a therapist, is now tending to her son and providing care in a full-time capacity.

During the hearing Ms Miggin told the Judge that this is her son’s fifth time in court and he had first settled the compensation in 2011 with the first interim payment amounting to €1.35m. Since that time, she informed the Court, Luke has had to have 80 assessments to date in preparation for the court approved payouts. She said: “The system should be easier”.

Ms Miggin told Justice Cross that Luke is a fabulous child who has complex needs and they were blessed with very good carers and she would give the money back fivefold to see her son kick a football. She said she was heartbroken and both her son and she had lost an awful lot.

Justice Cross praised the care and love that Ms Miggin has given to Luke and wished her well for the future. The case is due for further review in six years’ time when Luke’s future care needs will be reviewed.

 

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