A High Court judge has approved a further interim payment of obstetrician negligence compensation in favour of an eight-year-old boy who suffers from cerebral palsy.
Luke Miggin of Athboy, County Meath, suffered brain damage prior his birth on 26th February 2006 at Mullingar General Hospital due to consultant obstetrician Michael Gannon failing to act on decelerations of the child´s heart rate recorded on CTG traces taken throughout the day.
Luke has cerebral palsy due to the obstetrician´s negligence, is confined to a wheelchair and will need 24-hour care for the rest of his life.
Liability for Luke´s birth injuries was admitted by Mr Gannon and the Health Service Executive in 2010 and, in January 2011, an interim settlement of obstetrician negligence compensation was approved by Mr Justice John Quirke, pending the introduction of legislation to allow for a structure settlement to be put in place.
However, with no such legislation yet available, Luke´s mother – Emily – had to return to court to have a further interim payment of obstetrician negligence compensation approved; where she was commended for her patience by Ms Justice Mary Irvine, who apologised for successive Ministers of Justice failing to deliver on their promises of periodic payments.
The judge approved a second interim obstetrician negligence compensation payment of €580,000 to add to the €1.35 million interim payment Luke received in 2011. The payment is in respect of Luke´s care for the next three years, after which time Emily Miggin will have to return to court once again for a further interim payment of compensation or to have the terms of a structured settlement approved.
Ms Justice Mary Irvine expressed her frustration at not being able to approve a final settlement of obstetrician negligence compensation, and commented that the ongoing litigation prevents families such as the Miggins from getting on with their lives.