Judge apologises to boy over lack of payments legislation

A High Court judge apologised to the family of an eight-year-old boy with cerebral palsy because legislation to allow for periodic payments orders has not yet been brought in.

Ms Justice Mary Irvine said there is a failure to recognise the distress caused because the legislation — promised three years ago — is not yet available to allow for annual periodic payments to children with catastrophic injuries.

She was speaking as she approved a payment of €580,000 for the care needs over the next three years for Luke Miggin, who has dyskinetic cerebral palsy after suffering injuries at birth.

Three years ago, Luke received an interim High Court settlement of €1.35m arising out of medical negligence in the circumstances of his birth at Mullingar General Hospital in February 2006. He later received further payments towards his care, bringing the total to over €2m.

Approving a further €580,000 for Luke’s care over the next three years, Ms Justice Mary Irvine yesterday said successive justice ministers had promised the periodic payments order legislation. She said that the legislation is categorised in the programme for government list which says it is not possible to say when publication of the legislation is expected.

There was, the judge said, a failure to recognise the distress caused to families due to the legislation not yet being available.

“I will say no more than that. My frustration is evident. I apologise to you that we have not got the legislation,” Ms Justice Irvine told Luke’s mother, Emily Miggin.

“This is the third or fourth time this case has come before the court. I know the distress litigation causes the families with children such as Luke. They can’t get on with their lives because of ongoing litigation.”

Through his mother Emily, of Ballinadrimna, Athboy, Co Meath, Luke sued the HSE and consultant obstetrician Michael Gannon of Mullingar Hospital. Liability was admitted by both defendants.