Luke Miggin, who has cerebral palsy, has been awarded an additional birth injury compensation settlement of €3m in relation to the circumstances of his birth at Mullingar General Hospital in February 2006.
This brings the total amount of compensation awarded to Luke to over €6m.
This interim settlement comes after mediation talks and should make provision for Luke’s needs over the coming six years. He took the legal action, arising from the injuries he sustained at birth, through his mother Emily Miggin. They sough compensation from the Health Service Executive and consultant obstetrician, Michael Gannon, of Mullingar Hospital.
On February 28 2006 Luke was born just after 5pm on February 28th 2006. In an earlier legal action the Judge was advised that Luke would not have suffered his injuries if he had been born just one hour earlier. Liability was admitted by the HSE and Dr Gannon.
Justice Kevin Cross was advised by Denis McCullough SC, acting on behalf of Luke, that he (Luke) is a happed and enthusiastic school going child. Emily Miggin, who had been employed as a therapist, is now tending to her son and providing care in a full-time capacity.
During the legal action Ms Miggin told the Judge that this is her son’s fifth time attending court in relation to this. She said that he had first agreed a settlement for 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 completed so so in preparation for the court approved payouts. She said: “The system should be easier”.
Ms Miggin informed Justice Cross that Luke is a wonderful child who has complex needs and they were blessed with excellent carers and she would give the money back fivefold to see her son play football. She said she was heartbroken and both her son and she had lost an awful lot.
Justice Cross commended the care and love that Ms Miggin has provided for Luke and wished her well for the future. The case is due for an additional review in 2026 time when Luke’s future care needs will be reassessed.