People injured through negligence seek change to payments

People who have suffered catastrophic injuries due to negligence are calling on the Government to urgently enact legislation to provide for the annual payment of damages, known as Periodic Payment Orders, or PPOs.

Among them is the family of Luke Miggin, who lives in Dublin.

The 20-year-old suffered brain damage during his birth as a result of negligence and will require 24-hour care for the rest of his life. He communicates using eye gaze technology.

Luke, who has cerebral palsy, settled his action over the circumstances of his birth at Mullingar hospital in February 2006.

He and his mother Emily have to apply to the courts every few years for interim settlement payments in order to cover the cost of his care. The applications can involve dozens of assessments each time.

Luke and his family are calling on the Government to enact legislation that would allow him to instead receive an annual index-linked payment, or PPO.

Speaking to RTÉ's News at One, he said: "I want a PPO and not have to fight all my life for something that I didn't do. I'm sick of all assessments."

People seeking compensation for catastrophic injuries caused by negligence have to opt for either interim settlement orders or lump sum payments.

But actuarial experts and lawyers say these lump sum payments may not fully cover a plaintiff's care needs for their entire life.

Taking such a payment is something that Margaret Best did for her son Kenneth in 1993 after he suffered extensive brain damage in the late 1960s, owing to a defect in a now discontinued vaccine.

Experts estimated that he would live to 45 and they based his IR£2.75 million settlement on this prediction.

Kenneth recently turned 57 and his mother Margaret said the money ran out years ago.

She explained: "Kenneth requires 24-hour care, seven days a week. There is no stop to the care. The care has to continue regardless ... It's 24/7 care.

"The lump sum payment was there to provide for what we were assured would carry him through his lifetime because of the life expectancy that was given at the time, and we accepted it on that basis, but his money it did not carry through and it eventually ran out."

Lawyers say that PPOs should solve this problem if they are properly index linked.

Senior Counsel Alan Keating, who has represented plaintiffs in this area, said that while PPOs may not be adopted in every case for someone who has lifelong care needs, the legislation is really important.

"In short, it means that they will have some comfort that they won't end up receiving compensation which will run out after a period of 15 years, 20 years or whatever that may be, when they'll be left in a position with no care, no equipment for the remainder of their life," he said.

In a statement, the Department of Justice said the drafting of the necessary regulations is continuing with a number of legal matters being considered and the minister intends to sign and commence the regulations as soon as these matters have been resolved.

Ms Best said that while this will not benefit her son, it is not too late for something to be done for others in a similar situation.

"Kenneth is 57 years of age and we have today's costs to deal with," she said.

As Luke and his mother prepare for their sixth interim settlement court hearing in June, they are hoping the PPO legislation will be adopted as soon as possible.

"I don't think the Government gets it because they're removed, they're not living, and they're not connected to a situation like mine and you are removed until you're actually in it," Emily said.

"I just say just get this legislation signed and let's get us moving on with our lives."

Luke said the legislation will mean "no more stress, only for this eye gaze computer I'd never be heard ... I can't walk, go to too many places. I'd like to be like other people - drive a car and go on holiday."