Cian also goes on to explain why the recent decision of Mr Justice Twomey was incorrect when it criticised the practice and particularly the practice of Cian O’Carroll Solicitors where they commission independent expert medical opinion to document the injuries of a client. The interview was recorded (unfortunately) before the recent judgment of Mr Justice Ferriter in Mclaughlin v. Dealey where he considered the practice and said that “a solicitor cannot be faulted for engaging a medical expert witness directly in an appropriate case”.
“She was truly willing to sacrifice an awful lot of herself, her time – which was incredibly precious – and her privacy,” said Mr O’Carroll.
In an interview on the legal podcast, The Fifth Court, Mr O’Carroll paid tribute to his client’s determination not to sign a confidentiality clause to reach an early settlement to her case in order to highlight to other women that there had cancer misdiagnoses with smear tests under the CervicalCheck screening programme run by the HSE. The solicitor revealed that Ms Phelan had stressed on the first occasion that they met that she would never sign a non-disclosure clause which he described as “very rare".
“It was a pretty shabby thing that was going on,” he remarked.
“She was just a wonderful person,” the solicitor recalled
While she was always purposeful, he added: “There were other times when she would let her hair down and have fun.
“I thought that was outrageous. To do that to a dying woman in the final months of her life was an extraordinarily unfair and unkind thing to do,” he remarked.
Mr O’Carroll said there were ongoing legal cases for women affected by the CervicalCheck scandal which would probably still take a number of years to conclude.