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€3m Cerebral Palsy Birth Injury Compensation Awarded to Boy (14)

€3m additional birth injury compensation has been awarded to Luke Miggin, who sustained cerebral palsy due to the the circumstances of his birth at Mullingar General Hospital in February 2006 – bringing the overall amount of compensation awarded to the boy to more than €6m.

This interim settlement is a result of mediation talks and should make take into account for Luke’s needs over the coming six years. He initiated the medical negligence compensation action due to the injuries he sustained during his delivery, via his mother Emily Miggin. They claimed compensation from the Health Service Executive and consultant obstetrician, Michael Gannon, of Mullingar Hospital.

On February 28 2006 Luke was delivered shortly after after 5pm on February 28th 2006. In a previous legal action the Judge was informed that that Luke would not have experienced his injuries if he had been delivered born just one hour earlier. The HSE and Dr Gannon admitted liability.

It was relayed to Justice Kevin Cross, was  by Denis McCullough SC, that Luke is a happy and eager school-going child. Emily Miggin, who had been working as a therapist, is now tending to her son and providing care on a full-time basis.

During the birth injury compensation hearing Ms Miggin told the Judge that this is her son’s fifth occasion attending court in relation to this. She went on to say that he had first agreed a settlement for compensation in 2011 with the first interim payment of €1.35m. Since then Luke has underwent 80 assessments as part of the court approved payouts. She stated: “The system should be easier”.

Ms Miggin informed Justice Cross that Luke is a special child who has complicated 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 amount.

Justice Cross praised the treatment and love that Ms Miggin has given for Luke and wished her all the best for the future. The case is due for a further review review in 2026 when Luke’s future care needs will be reviewed.

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