In July the court was told there was a concern the woman would not make it until her case was heard
A 42-year old woman who is terminally-ill with cancer has settled her High Court action over the alleged misreading of her CervicalCheck smear tests in 2016 and in 2018.
In July the court was told there was a concern the woman would not make it until her case was heard, even if brought forward to this month.
Today her lawyers told the court the case went to mediation last week and had been settled.
Senior Counsel Patrick Treacy said the settlement was against US laboratory Quest Diagnostics and the case against the Health Service Executive could be struck out.
The previous court hearing was told the woman, who is receiving palliative care, had been told that palliative chemotherapy has not been successful.
Mr Treacy, instructed by solicitor Cian O'Carroll, said the woman was extremely ill and the situation was really desperate.
He said her evidence may have to be taken on commission in advance of a scheduled hearing of her action but she had been so ill, it has not been possible to examine the possibility with her.
Last year it was indicated to the court that the woman had between nine months to 18 months left to live.
The woman and her partner had sued the HSE and Quest Diagnostics Incorporated.
It was claimed she had a cervical smear test in June 2016 under the national screening programme, which was tested in a Quest Diagnostics lab, and came back as negative for malignancy or lesion.
The woman was advised in a letter a few weeks later the smear test detected no abnormalities.
In 2018, it was further claimed she had another smear test, which came back from the laboratory as negative for lesion or malignancy, and in a letter in February 2019 she was told that smear test detected no abnormalities.
In July 2019 she was diagnosed with stage two cancer and underwent chemotherapy and radiotherapy. In April this year she was diagnosed as having metastatic disease in her lungs and lymph nodes.
In her High Court action she had claimed she was deprived of the opportunity of a timely and effective investigation and management of her condition and of the opportunity of treatment at a time when her disease she claims was amenable to curative treatment.
Her life expectancy, she claimed, was caused to be significantly reduced and the alleged misreporting of her smear test, she claimed, resulted in an alleged missed opportunity to diagnose her cancer at a time when it was curable.
The defendants had denied the claims.
In July the court was told there was a concern the woman would not make it until her case was heard, even if brought forward to this month.
Today her lawyers told the court the case went to mediation last week and had been settled.
Senior Counsel Patrick Treacy said the settlement was against US laboratory Quest Diagnostics and the case against the Health Service Executive could be struck out.
The previous court hearing was told the woman, who is receiving palliative care, had been told that palliative chemotherapy has not been successful.
Mr Treacy, instructed by solicitor Cian O'Carroll, said the woman was extremely ill and the situation was really desperate.
He said her evidence may have to be taken on commission in advance of a scheduled hearing of her action but she had been so ill, it has not been possible to examine the possibility with her.
Last year it was indicated to the court that the woman had between nine months to 18 months left to live.
The woman and her partner had sued the HSE and Quest Diagnostics Incorporated.
It was claimed she had a cervical smear test in June 2016 under the national screening programme, which was tested in a Quest Diagnostics lab, and came back as negative for malignancy or lesion.
The woman was advised in a letter a few weeks later the smear test detected no abnormalities.
In 2018, it was further claimed she had another smear test, which came back from the laboratory as negative for lesion or malignancy, and in a letter in February 2019 she was told that smear test detected no abnormalities.
In July 2019 she was diagnosed with stage two cancer and underwent chemotherapy and radiotherapy. In April this year she was diagnosed as having metastatic disease in her lungs and lymph nodes.
In her High Court action she had claimed she was deprived of the opportunity of a timely and effective investigation and management of her condition and of the opportunity of treatment at a time when her disease she claims was amenable to curative treatment.
Her life expectancy, she claimed, was caused to be significantly reduced and the alleged misreporting of her smear test, she claimed, resulted in an alleged missed opportunity to diagnose her cancer at a time when it was curable.
The defendants had denied the claims.
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