A second interim compensation payment for cerebral palsy has been approved in the High Court in lieu of a structure settlement system being introduced.
Luke Miggin (8) from Athboy in County Meath was born on 26th February 2006 at the Mullingar General Hospital having been starved of oxygen in the womb. After he was born, Luke had to be resuscitated and was kept in a special care baby unit. Luke was diagnosed with cerebral palsy and needs around-the-clock care.
Through his mother – Emily – Luke made a claim for cerebral palsy compensation on the grounds that his mother´s consultant obstetrician – Michael Gannon – had failed to act on CTG traces taken throughout the day, which indicated a deceleration of the foetal heart rate.
In 2010, the Health Service Executive admitted their liability for Luke´s birth injuries and in January 2011 an interim compensation payment for cerebral palsy amounting to €1.35 million was approved by Mr Justice John Quirke.
Luke´s case was adjourned for three years to allow time for a structured settlement system to be introduced, but with system of periodic payments yet available, Emily Miggin returned to the High Court to have a second interim compensation payment for cerebral palsy approved by Ms Justice Mary Irvine.
Judge Irvine apologised to Emily for successive Justice Ministers who had failed to keep their promises to introduce a system of periodic payments, and said that ongoing litigation was preventing her family from getting on their lives.
The judge approved a further €580,000 interim compensation payment for cerebral palsy and adjourned Luke´s case for a further three years.