THE HIGH Court has approved an interim settlement of €1.35 million for a boy who suffered severe brain damage as a result of negligence in the circumstances of his birth at Mullingar General Hospital.
Luke Miggin (four) has cerebral palsy, uses a wheelchair and requires 24-hour care as a result of the injuries suffered during his birth at Mullingar General Hospital on February 28th, 2006.
Through his mother Emily Miggin (46), Ballinadrimna, Athboy, Co Meath, he had sued the Health Service Executive and consultant obstetrician Michael Gannon of Mullingar hospital. Liability was admitted by both defendants.
Mr Justice John Quirke heard the interim €1.35 million settlement was approved on the basis that legislation to deal with lifetime care in catastrophic injury cases will be enacted within two years. If not, the case is to be relisted for further consideration.
A sum of €200,000 was included in the award towards Luke’s special accommodation needs and will be reconsidered on the basis of a forthcoming judgment related to how the courts should deal with housing requirements in cases such as this, said Bruce Antoniotti SC, for the child.
Ms Miggin, a qualified health therapist who gave up her business to look after Luke, was hoping to buy a specially-adapted home in Dublin but that matter could only be fully dealt with when the awaited judgment is delivered, counsel said.
In the boy’s statement of claim, it was alleged the defendants were guilty of negligence and breach of duty towards the child in the circumstances of his delivery.
It was claimed the child was healthy when his mother was admitted to the hospital at 5.30am on February 28th, 2006.
Dr Gannon, it was claimed, failed to note and/or appreciate decelerations in the child’s heart rate on a CTG trace. By 2pm it was claimed the doctor failed to have adequate regard to an abnormal CTG trace and failed to carry out a Caesarean section. By 3.30pm, having been informed by phone of CTG trace findings, he ordered Ms Miggin be given the labour-inducing drug syntocinon. Dr Gannon attended at 4.40pm and Luke was born by forceps delivery at 5.05pm but required resuscitation and was transferred to the special baby care unit.
Speaking after the settlement yesterday, Ms Miggin said an apology about the matter would have “been nice”. She added she would “give it all back five-fold if I could see Luke kick a football”.