Brain Damage at Birth Litigation results in £1.12m settlement

A £1.12m interim settlement has been approved in the High Court by Mr. Justice John Quirk in a brain damage at birth litigation action in favour Luke Miggin, who was born in 2006.

The court heard how Luke’s mother, Emily, was admitted to hospital at 5.30am on the morning of February 26 2006 in preparation for Luke´s birth, under the care of consultant obstetrician Michael Gannon. It was claimed that Dr Gannon failed to take record decelerations in the child’s heart rate during CTG traces throughout the day, which should have led him to conclude that delivery by Caesarean section was necessary.

Instead, Dr Gannon waited until 3.30pm to prescribe the labour-inducing drug Syntocin, and delivered Luke by forceps at 5.05pm that evening. Luke immediately required resuscitation and was admitted to the special baby care unit. Now 4 years old, Luke has cerebral palsy, uses a wheelchair and will need 24-hour care for the rest of his life.

Liability was admitted by the health service and consultant obstetrician Michael Gannon, and in approving the interim settlement, Mr Justice John Quirke stated that should legislation not be forthcoming within two years to deal with lifetime care in catastrophic injury cases, the case will be re-listed for further consideration.