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LATEST NEWS

Husband settles action against HSE over wife's death

Woman, 36, settles case over alleged delay in cervical cancer diagnosis

Ireland’s Best Law Firms 2023: full list

Solicitor suggests Brandon victims could sue HSE

Mother loses action over alleged negligence in fertility treatment

Woman with terminal cancer alleges misreporting of cervical smear, court hears

Girl with rare cancerous condition settles case over diagnosis for €4.9m

Vicky Phelan says hundreds of daily letters from supporters get her through lonely nights

Woman sues over alleged misreporting of smear slide

Family of Cork mother who died of cervical cancer settle High Court action

Vicky Phelan starts new podcast about legal battle and ongoing cancer treatment in the US. 

Husband sues for surrogacy costs after wife's death from cervical cancer. 

'I didn't think I'd be here three years later, still fighting': Vicky Phelan on her court case. 

Failure of the government to honour their promises to the women harmed through the cervicalcheck screening negligence.  

Tipperary hospital apologies for failing in care of man during seven hour operation.

Injuries to mothers during child birth 3rd 4th degree tears.

Sunday business post profile: Cian O'Carroll a very public advocate. 

€7.25m settlement approved for boy who suffered traumatic brain injury and included autism at birth in landmark case.

The Irish Times profile on solicitors 28/07/2018 Siobhan Ryan & Cian O'Connor.

Husband settles action against HSE over wife's death

25/10/2022

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The husband of a woman who died from cervical cancer four years after she was told her smear test was normal has settled a High Court action against the Health Service Executive.

Elaine Flannery, from Blarney in Co Cork, died in October 2014 from metastatic cervical cancer, aged 59.
She had a smear test under the national cervical check screening programme in November 2010, which was reported as having no abnormality detected.

Two years later, she was diagnosed with invasive cervical cancer.
Today's settlement in the sum of €675,000 was made without admission of liability after mediation.
Senior Counsel Patrick Treacy said it was a source of enormous distress to the family that they did not receive an apology.
Mr Treacy said their case was based on a number of expert reports, which said the smear slide taken in 2010 showed "very obvious high grade lesions", which were indicative of an already established cancer.

The slide was also reviewed by the Royal College of Obstetricians and Gynaecologists, which reported that had the cancer been detected and a referral for treatment made her condition could have been prevented.

Mr Treacy said the HSE had referred to its own expert review, which reported the slide as negative and while he accepted that report was "written in good faith", the case was settled without admission of liability and therefore no apology was made.

Ms Flannery's husband David, and her five adult children, including the singer/songwriter Mick Flannery and two grandchildren, were in court for the settlement.


Mr Justice Coffey also approved the statutory sum in cases of wrongful death of €35,000 to be divided among the family.


The judge said Ms Flannery's death was "tragic and sad" and he had no doubt about the effect it had on her husband and children.

In a High Court action it was alleged there was a failure to correctly report and diagnose her smear sample taken in 2010 and her cancer was allowed to develop and spread untreated for two years.
It was further alleged that had her illness been detected in 2010 she would have been successfully treated with surgery and chemotherapy.

Ms Flannery's family said tomorrow marks the eighth anniversary of her death.
Outside court, Eamonn Flannery read a statement on behalf of his father David, which said today's proceedings marked the end of a mediation process where there was a measure of financial compensation but "not one word of an apology".
He said the apology they sought was "a no-strings attached" one.

"Just a simple form of sorry for our enormous loss and for the heartbreaking pain caused would have sufficed," he said.
"For me personally, this unwillingness of the defendants to offer not one word of regret by way of sympathy beggars belief in its want of common decency. It angers me, as it does our children and Elaine's mother and siblings."
​
He added that the current practice of not offering an apology where one is clearly needed was "brutally inhuman in its scant regard for what is right and its ignorance of human psychology".
The widower of a Cork woman who died of cervical cancer has hit out at the HSE for not saying sorry as he settled a High Court action over the alleged misdiagnosis of her smear slide.

Mother of five and microbiologist Elaine Flannery from Blarney was just 59 years of age when she died from metastatic cervical cancer in October 2014. Outside the Four Courts her family stood as a statement was read out on behalf of her grieving widower, 70-year-old David Flannery.

Mr Flannery who had sued the HSE settled his action for €675,000 and the High Court was told the settlement is without an admission of liability. Liability was heavily contested in the case.

At issue in the action was a smear slide from Mrs Flannery taken in November 2010 under the CervicalCheck programme. Mrs Flannery was diagnosed with invasive cervical cancer in 2012 and died two years later. Her son, acclaimed singer songwriter Mick Flannery, was in court with his four siblings and father as the court was told of the settlement and how the family are distressed that there was no apology from the HSE.

Outside court in a statement read out by his son Eamonn, Mr Flannery said: “What harm would it have done for the HSE to have said a simple sorry? Wednesday is eight years to the day since our beloved Elaine was taken from us. She had been bravely battling cancer for the best part of two years when she died 17 days after her 59th birthday.” 

He said the legal proceedings marked the end of a mediation process where there is a measure of financial compensation granted to the family “but not one word of an apology.” Mr Flannery said they had sought “a no strings attached" apology.

He added:
Just a simple form of sorry for our enormous loss and for the heartbreaking pain caused would have sufficed.

“What harm would it have done for the HSE to have said a simple sorry? I won't pretend I know how they'd answer but we all know the good if would have done.” The Flannery family counsel, Patrick Treacy SC instructed by Cian O’Carroll solicitors, told the High Court the case had been settled after mediation. 

The case was before the court for the ruling of the statutory €35,000 solatium mental distress payment. Counsel said the settlement was without admission of liability. 

He told the court that experts on their side would contend that on examination of Mrs Flannery’s smear slide they found cells which one expert described as high grade. Counsel said it was their case that if Mrs Flannery had been referred for investigation and treatment in 2010 the cancer which was diagnosed two years later would have been prevented.
Counsel pointed out that a report on behalf of the US laboratory involved reported back that the slide was negative, and liability was at issue in the case. Mr Treacy said it was a source of great distress to the Flannery family that there was no apology in the case.

Mrs Flannery’s husband, maths lecturer, David Flannery of Blarney, Co. Cork, had sued the HSE. On November 11, 2014, Mrs Flannery had a cervical smear test under the CervicalCheck national screening programme.

Mother of five and microbiologist Elaine Flannery (pictured) from Blarney was just 59 years of age when she died from metastatic cervical cancer in October 2014.It was claimed that the cytology report from a US laboratory indicated the smear sample was satisfactory for assessment and there was no evidence of neoplasia or abnormality.

Two years later in October 2012, Mrs Flannery was diagnosed as having invasive cervical cancer. She underwent chemotherapy, radiotherapy and brachytherapy but died on October 26, 2014.

It was claimed that there was an alleged failure to correctly report or to diagnose and Mrs Flannery’s November 2010 smear sample was allegedly misinterpreted, and her cancer was allegedly allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in October 2012.

Had Mrs Flannery’s disease been detected in 2010, it was further claimed, she would have been treated by either radical surgery or chemoradiotherapy with curative content.

There was, it was contended, an alleged failure to advise, treat or care for Mrs Flannery in a proper, skilful, diligent and careful manner and an alleged failure to use reasonable skill, care and judgement when reviewing her smear sample taken on November 11, 2010.

Mrs Flannery, it was claimed, was deprived of the opportunity of timely and effective investigation and management of her condition and allegedly deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment.

There was, it was claimed, an alleged failure to ensure the provision of a proper, efficient and competent cervical cancer screening service and an alleged failure to ensure that those providing the service possessed or exercised the necessary skill, experience, training or expertise to effectively report on cervical cytology and to detect the presence of changes in the cervix cells such as to ensure the early detection, prevention and treatment of cervical cancer in women, including Mrs Flannery.  
​
All the claims were denied. Noting the settlement, Mr Justice Paul Coffey said it was a sad and tragic case and he extended his deepest sympathy to Mr Flannery and his family on their loss.

https://www.irishexaminer.com/news/munster/arid-40991456.html

https://www.rte.ie/news/courts/2022/1025/1331295-elaine-flannery/
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Woman, 36, settles case over alleged delay in cervical cancer diagnosis

12/10/2022

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The court heard it has affected every aspect of the woman's life and she is not the person she was
The court heard the HSE admitted a breach of duty in relation to the reporting of a 2013 smear sample taken from the woman under the national screening programme. File picture

A 36-year-old woman who claimed her smear test taken under the CervicalCheck screening programme was misreported and there was an alleged three-year delay in diagnosing her cervical cancer, has settled her High Court action.

The woman, a young mother who cannot be named by order of the court, as a result, it was claimed, had to have two procedures to deal with the cancer and it was alleged she was entitled to very significant damages for alleged injuries to her physical and mental health.

Her counsel, Jeremy Maher SC with Patrick Treacy SC and instructed by Cian O’Carroll solicitors, told the court at the opening of the case the HSE admitted a breach of duty in relation to the reporting of a 2013 smear sample taken from the woman under the national screening programme.

The HSE further admitted a breach of duty in relation to a failure to disclose results of an audit four years later of that slide which indicated that the original reports of negative for malignancy were incorrect. The HSE denied other claims.
On the second day of the hearing on Wednesday, Mr Justice Paul Coffey was told the case had been settled.

'Mistake'
Opening the case, Mr Maher said it was their case that if the 2013 slide had been correctly read the woman would have been referred for a colonoscopy and a Lletz procedure and the abnormal cells could have been completely excised.
Instead, he said “a mistake was made” and she had to undergo very significant procedures to treat her cancer. It was their case that the alleged delay in diagnosis led to the woman having to have a second Lletz procedure and the procedures in turn reduced the size of her cervix.

The woman’s cancer was diagnosed in 2016 and it was at an early stage. Counsel said, while the follow-up was good from the medical point of view and she was cancer free, there were consequences to having the second procedure. 
He said it has affected every aspect of her life and she is not the person she was. The woman had sued the HSE.
​
It was claimed her cancer was allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in the summer of 2016. It was further claimed there was a failure to advise her in a timely manner of the results of a review of her 2013 smear sample.
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Ireland’s Best Law Firms 2023: full list

2/10/2022

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Ireland's Best Law Firms
More than 1,000 legal professionals took part in our peer-to-peer survey, selecting the country’s leading firms and recommending their areas of expertise.

Methodology: how we produced the list of Ireland’s best law firms
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HSE apologises to woman over cancer diagnosis as case settled

27/5/2022

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While CervicalCheck cases rarely hit the headlines anymore, the aggressive defence of these cases by laboratories and the HSE continues to be a problem. Four years on from when the then Taoiseach Leo Varadkar promised women that the State would stand by them against the laboratories, we see in this trial, settled in favour of our clients after 15 days at hearing, that the HSE was actually represented by Clinical Pathology Laboratories Incorporated (CPL), the Texas-based laboratory that misread the smear in this case. The same cooperation between State and the laboratories to whom Irish cervical screening was outsourced in 2008 has characterised so many similar cases over the last four years since Vicky Phelan’s landmark action against the same Texas-based CPL.
In this most recent case, after a month at trial, our client not only achieved an important outcome for her own care and future but her determination has clarified a long-running issue that was complicating litigation for many other cases. Those cases will now benefit greatly from the outcome of this case. This is yet another example of the collective concern that women bringing these CervicalCheck related cases have shown again and again for each other, taking on challenges and even risk so that principles can be established and then relied upon by others just as Vicky Phelan, the late Ruth Morrissey, and the late Patricia Carrick did in each of their landmark cases.
Irish Times Article
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Family of Fermoy woman who died of cervical cancer settle High Court actions

27/4/2022

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The family of a 36-year-old Cork mother who died of cervical cancer has settled High Court actions over the alleged misreporting of her smear slide.
Hairdresser Julie Quinlan Dingivan was six weeks pregnant with her third child when she had to have a radical hysterectomy after she was diagnosed with invasive cervical cancer in 2013.
Her family’s counsel, Patrick Treacy SC, instructed by Cian O’Carroll solicitor, told the High Court Julie’s cancer recurred over six months later and she underwent chemotherapy and radiotherapy but tragically the disease progressed and she died on April 8, 2017.
Counsel said that Ms Quinlan Dingivan had a smear test under the CervicalCheck national screening programme in 2009 which was tested in a US lab and came back with no abnormalities detected.
Mr Treacy said it was their case that a review of the 2009 smear slide was carried out in January 2014 which showed that the original report on the smear test was incorrect, and the outcome was conveyed to a consultant gynaecologist two years later. Counsel said Julie, who was in the last year of her life, or her husband were not told of the review outcome.
Julie’s husband, Paul Dingivan, was advised in May 2018 of the review result which the court heard was around the time of the Vicky Phelan court case and settlement was reported.
Irish Examiner Article
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Family of Cork mother who died of cervical cancer settle High Court action

27/4/2022

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The family of a 36-year old Cork mother who died of cervical cancer has settled High Court actions over the alleged misreporting of her smear slide.

Hairdresser Julie Quinlan Dingivan was six weeks pregnant with her third child when she had to have a radical hysterectomy after she was diagnosed with invasive cervical cancer in 2013.

Her family’s counsel, Patrick Treacy SC instructed by Cian O’Carroll, told the court her cancer recurred over six months later and she underwent chemotherapy and radiotherapy but tragically the disease progressed and she died on April 8, 2017.

Counsel said that Ms Quinlan Dingivan had a smear test under the CervicalCheck national screening programme in 2009 which was tested in a US lab and came back with no abnormalities detected.

Mr Treacy said it was their case that a review of the 2009 smear slide was carried out in January 2014 which showed that the original report on the smear test was incorrect, and the outcome was conveyed to a consultant gynaecologist two years later.

Counsel said Ms Quinlan Dingivan, who was in the last year of her life, or her husband Paul Dingivan, were not told of the review outcome.

Her husband was advised in May 2018 of the review result which the court heard was around the time of the Vicky Phelan court case and settlement was reported.

Mr Dingivan, of Dun Eala, Fermoy, Co Cork, settled on confidential terms an action he brought on behalf of his family over the death of his wife.

A separate nervous shock action brought by Julie’s 21-year-old stepdaughter Jasmine McCarthy, also of Fermoy, against the HSE was also settled on confidential terms.

The settlements are without an admission of liability.

The case was before Mr Justice Paul Coffey was for the division of the statutory mental distress payment of €35,000.

Mr Dingivan had sued the HSE and US laboratory Quest Diagnostics Incorporated which carried out the tests on Julie’s smear slide which had been taken under the CervicalCheck national screening programme in November 2009.

Daily Digest NewsletterGet ahead of the day with the morning headlines at 7.30am and Fionnán Sheahan's exclusive take on the day's news every afternoon, with our free daily newsletter.

Ms Quinlan Dingivan had a cervical smear test on November 16, 2009. The sample was reviewed in the Quest Diagnostics laboratory and was reported back as being negative for a lesion or malignancy.

On December 15, 2009, she was advised that the smear test detected no abnormalities. On May 15, 2013, she was diagnosed as having invasive cervical cancer and she underwent a radical hysterectomy and other procedures.

Over six months later she was diagnosed with recurrence of the cancer, and she underwent chemotherapy, radiotherapy and brachytherapy. However, the disease progressed and she died in April 2017.

It was claimed that subsequent to her diagnosis, and unknown to her or her husband, reviews were carried out by the HSE of smear tests of women who had been diagnosed with cervical cancer.

A review of the 2009 slide which was carried out on January 8, 2014, it is claimed showed that the original report in relation to the smear was incorrect. This it is claimed was not communicated to Ms Quinlan Dingivan or her husband.

Mr Dingivan was told of the review outcome in 2018.

It was claimed there was a failure to correctly interpret or report the 2009 smear slide and that Ms Quinlan Dingivan was allegedly deprived of the opportunity of timely and effective investigation and management of her condition.

The claims were denied.
​

Mr Justice Paul Coffey conveyed his deepest sympathy to Mr Dingivan and all the family.
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Tipperary woman, 45, who claimed she suffered brain damage at birth awarded €5m

7/4/2022

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In April 2022, Cian O’Carroll Solicitors concluded a truly remarkable settlement at trial in a case believed to be the oldest instance of medical negligence to be successfully litigated in Irish legal history. The case arose out of allegations that the care of Ms Sullivan at St. Brigid’s Hospital, Carrick on Suir in 1977 fell below an acceptable standard and that she was not transferred at an earlier time from this community hospital to an obstetric unit in the next town of Clonmel or the regional hospital in Waterford when her bleeding ought to have been recognised as a sign that this was a higher risk labour. 

Ultimately Ms Sullivan was transferred by ambulance to Clonmel in the middle of the night however it was too late and her daughter was born on the road to Clonmel and with significant brain injuries due to a lack of oxygen supply, most likely caused by the uterine bleeding that had been ongoing during the course of the preceding day. The baby suffered a serious brain injury and developed chronic and severs epilepsy that has been both limiting and progressive such that full-time care is now required. The allegations of negligence and causation of harm were denied by the HSE but the case settled after five days of evidence for the sum of €5m - a very substantial sum that will now provide for the future care of the plaintiff. 

The case was very unusual because it was commenced in July 2018, 41 years after the alleged negligence. While the normal time limits for commencing legal proceedings do not apply where an injured person has an intellectual incapacity, the HSE still argued very strongly that after such a passage of time, they could not be expected to defend this case and that it should be struck out. The argued that most of the medical records were destroyed when a medical records storage container on the grounds of Tipperary University Hospital was attacked by vandals and set alight on two separate occasions. They argued that one of the nurses who was present during the day when Ms Sullivan alleged she had been bleeding was now retired and elderly and they did not want to upset her by interviewing her about what had happened in 1977 and they argued that natural justice required that the case be struck out. They brought a preliminary case or ‘motion’ before the High Court in this effort to have the case struck out and the High Court agreed with our argument that there were sufficient records available for the relevant expert witnesses to form an opinion on what had happened and how that had affected the Plaintiff. In the course of this motion, we received from the HSE statements taken from another nurse who was on duty when the plaintiff was transferred to Clonmel and this witness stated that she recalled these events very clearly and her account confirmed that there was evidence of substantial and sustained bleeding during the course of that day while Ms Sullivan was kept at the district hospital. This witness was later to give very compelling evidence at the trial but not before the HSE appealed the High Court decision to allow the trial to proceed to the Court of Appeal. The Court of Appeal ruled in October 2021 that the trial could proceed fairly and accepted the plaintiff’s arguments just as the High Court had. With these major preliminary hurdles cleared, a trial date was set for the 31st March 2022 and the trial heard evidence from Ms Sullivan and the nurse who came on duty and detected the history of bleeding that led to the emergency transfer to an functioning obstetric unit before terms of settlement were agreed and approved by the High Court on Day 5 of the trial. 

This was a landmark case that shows how in the right circumstances, even in the absence of hospital records, a life-changing sum of damages can be achieved that will provide peace of mind for an ageing parent who would otherwise have been unsure and even frightened about what would have happened to her intellectually challenged child in the event of her death or incapacity to care. 

Further detail of the case is set out in the news article HERE(LINK). Judge Hanna, in ruling the case, was reported as follows:     "Approving the settlement Mr Justice Michael Hanna acknowledged the care, love and affection given to Claire by her family and he said it has eased what has been a difficult life for her. The judge said to bring a case of such longevity to such a conclusion was a towering achievement and he praised Claire’s legal team for an outstanding achievement.”

This case illustrates that in the right factual circumstances, one should never assume it is too late to contemplate legal action for negligent obstetric care leading to harm for a child who has suffered a brain injury and one should always seem legal advice from an established solicitors legal practice with a clear and proven record in medical negligence cases. We say this simply because there are very few firms with an established record of knowledge and accomplishment in this area of practice and yet many solicitor’s websites will say that they specialise or at least have experience of medical negligence. Cases such as these require a particular type of experience and if any reader would like to be given a list of firms that offer high quality legal advice on this issue then please email us at [email protected]. ​
Irish Examiner Article
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Woman sues over alleged misreporting of smear slide

29/3/2022

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​It is claimed the alleged delay in the diagnosis resulted in her developing invasive cervical cancer requiring more extensive treatment.
HIGH COURT REPORTERS

A woman who is in remission from cervical cancer but who has claimed the cancer treatment has had a damaging effect on her life has launched a High Court action over the alleged misreporting of her smear slide.

It is claimed the alleged delay in the diagnosis resulted in her developing invasive cervical cancer requiring more extensive treatment.

It is further claimed had the woman’s smear sample taken in 2010 been correctly reported she could have been treated with one procedure.


The woman who cannot be named by order of the court after her 2016 diagnosis of invasive cancer had to have a lymphadenectomy, chemotherapy, radiotherapy and brachytherapy, and it is claimed she continues to suffer various side effects from her treatment.

Effect on lifeHer Counsel Patrick Treacy SC with Jeremy Maher SC instructed by Cian O Carroll solicitors told the court the woman is in remission but the treatment for her cervical cancer has had “an enormously damaging effect on her life.”

ADVERTISEMENTCounsel said this was not a case where there is a reduced life expectancy, but he said it is their case that she had to undergo unnecessary treatment including bouts of chemotherapy
The case he said is also one of the actions brought by women relating to the alleged non-disclosure of the results of a review of smear samples in the wake of the Vicky Phelan case.

The 63-year old grandmother has sued the HSE and three laboratories, Sonic Healthcare (Ireland) Ltd and Medlab Pathology Ltd both of Sandyford Business Centre, Blackthorn Road, Sandyford Business Park, Dublin  and Clinical Pathology Laboratories Incorporated of Austin, Texas, USA.

CervicalCheckShe had a smear test under the CervicalCheck national screening programme on October 20th, 2010.

The sample was reported as showing no abnormalities detected.

In September 2016, she was diagnosed as having invasive cervical cancer. It is claimed that subsequent to her diagnosis and unknown to her reviews were carried out of prior cervical screening on a number of women who had been diagnosed as having cervical cancer. .

In June 2017 the review was carried out of her sample taken in 2010. It is claimed that it indicated that the original report in relation to the smear was incorrect.

It is further claimed the woman’s consultant by letter on July 3rd, 2017 was advised of the outcome of the review, but the woman was not told the result.

In May 2018 she was advised by the consultant that the review of her 2010 smear sample showed it had been reported incorrectly.

Alleged failure

It is claimed there was an alleged failure to properly and correctly interpret or report on the woman’s 2010 smear test, and she was allegedly deprived of an opportunity of timely and effective investigation and management of her condition.

It has been claimed she was caused to suffer unnecessary pain, discomfort and distress and to be subjected to extensive surgical and medical interventions.

All the claims are denied.
​

The case continues next week before Mr Justice Paul Coffey
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Vicky The Documentary - Interview with Ray Darcy

3/3/2022

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Picture
https://www.rte.ie/radio/radio1/clips/22069372/

Interview with Ray Darcy in March that arose from the premiere of the documentary ‘Vicky’ in which Cian makes several contributions to the narrative. 

https://www.irishtimes.com/culture/tv-radio-web/joe-duffy-ever-passionate-achieves-maximum-emotional-impact-1.4817452​
Listen here
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Woman with terminal cancer alleges misreporting of cervical smear, court hears

28/2/2022

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High Court asked to fix early hearing date for legal action given woman’s life expectancy
A woman with terminal cancer wants an early hearing of her legal action over the alleged misreporting of her cervical smear test, the High Court has heard.

The woman, who cannot be named by order of the court, has opted not to have palliative chemotherapy and “can expect death in a very short period of time’, her counsel told the court.

Jeremy Maher SC, instructed by Cian O'Carroll, told Mr Justice Paul Coffey the woman now has Stage 4 cancer and a "very limited life expectancy".

She has sued the HSE over a smear test taken under the CervicalCheck national screening programme.

READ MORE

It is claimed that in November 2016 she had a smear test which came back as negative. In June 2019 she was diagnosed as having invasive cervical cancer, and she underwent a radical hysterectomy as well as other procedures.

In May last year, the woman was diagnosed as having suffered a recurrence of cancer.


It is claimed there was a failure to correctly report on the 2016 smear test and the woman’s cancer was allegedly allowed to develop and spread unidentified, unmonitored, and untreated until she was diagnosed in June 2019.

She was deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment, it is further claimed. Had the 2016 smear test been correctly reported she could have had a surgical procedure and the lesion excised, the woman alleges.

All of the claims are denied.

The woman’s husband has also brought a case against the HSE claiming for alleged nervous shock, profound stress and distress.

Mr Maher SC told the court his side contended there was a 32-month delay in treatment for the woman and she “can expect death in a short period of time.”

Previously, she had been given a life expectancy of six to nine months but she has since decided not to have palliative chemotherapy.

He asked for a trial date on March 30th next and for the case to be specially fixed in the list. While the case had only begun in mid-February, this reflected the gravity of the woman’s situation.

Counsel for the HSE, Eileen Barrington SC, said her side was happy the case was being case managed and they would be happy to agree on a date but she said they thought it was too soon to fix a trial date.
​

Mr Justice Coffey said the court has an obligation to accommodate the woman with an early date for the trial of her “deserving case”.

The judge provisionally set the date of the hearing for the end of next month.

He said the onus was on both sides to try to facilitate the March 30th date.

HseHig
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