Claims Ireland

The Independent Service that Assesses Compensation Claims

€1.3m for Injuries Sustained at Birth

25-Jan-2011


A four-year-old boy has been awarded an interim payment of more than €1.3m in damages against the HSE and a consultant obstetrician for injuries he sustained at his birth.

Luke Miggin was born just after 5pm on 28 February 2006 in Midland Regional Hospital Mullingar.

His mother's pregnancy had been normal, but there were signs the baby was in distress during her labour.

It was claimed that Consultant Obstetrician Dr Michael Gannon was negligent by ordering a drug to be administered to speed up the contractions and by not delivering Luke sooner.

The court was told that if the little boy had been delivered even one hour earlier, he would have escaped injury.

Luke has cerebral palsy as a result and will require 24-hour care for the rest of his life. Mr Justice John Quirke approved a total settlement of just over €1.3m.

This includes money for Luke's care for the next two years only.

It is hoped that legislation will be introduced within that time to allow for periodic payments index linked to inflation for the rest of Luke's life.