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System could be made easier, says mum who secured €3m for son with cerebral palsy

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Settlement: Emily Miggin, mother of Luke Miggin, who secured a further settlement in an action over the circumstances of his birth in February 2006. Photo: Collins

Settlement: Emily Miggin, mother of Luke Miggin, who secured a further settlement in an action over the circumstances of his birth in February 2006. Photo: Collins

Settlement: Emily Miggin, mother of Luke Miggin, who secured a further settlement in an action over the circumstances of his birth in February 2006. Photo: Collins

The mother of a 14-year-old boy with cerebral palsy who secured a further €3m interim settlement in his action over the circumstances of his birth has told the High Court the system should be easier for families.

The latest settlement figure for Luke Miggin brings to over €6m the amount approved so far in his medical negligence action over the circumstances of his birth at Mullingar General Hospital in February 2006.

His mother Emily Miggin said it was her son's fifth time in court and he had initially settled his action in 2011 with the first interim payment amounting to €1.35m.

She said her son has had to have 80 assessments to date in preparation for the court approved payouts.

"The system should be easier," she told the court.

She said Luke is a fabulous child who has complex needs and they were blessed with very good carers.

At a previous court appearance Ms Miggin said she would give the money back fivefold to see her son kick a football.

She said she was heartbroken and both her son and she had lost an awful lot.

The latest interim settlement in the action, which is against the HSE and consultant obstetrician Dr Michael Gannon, was brought about after mediation and is for the next six years.

Liability was admitted by both defendants.

Luke, of Ballinadrimna, Athboy, Co Meath, and now living in Sutton, Dublin, through his mother, sued over the circumstances of his birth in Mullingar hospital on February 28, 2006.

The court was previously told if Luke had been delivered even one hour earlier, he would have escaped injury.

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He was left with cerebral palsy, is wheelchair bound and requires 24-hour care.

Speaking previously, Ms Miggin said: "Luke is the light of my life and he is a very bright boy but you can't help but think what could have been. Two people's lives have been ruined here."

Approving the settlement Mr Justice Kevin Cross said it was a good one and he thanked Ms Miggin for the care she has given her son. He wished them well for the future.

The case will come back before the court in six years' time when his future care needs will be assessed.


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