Mediation talks take place in case of dying woman suing over smear slides

Ann O'loughlin

Mediation talks have begun in the case of a dying woman who has sued over the alleged misreporting of her cervical smear slides, the High Court has heard.

Mr Justice Paul Coffey said in the tragic circumstances of the case he exhorted the parties, which includes the HSE and laboratories to bring the talks to a successful conclusion.

Lawyers for the 59-year old woman who has cervical cancer had gone into court earlier this week to appeal to the HSE to settle the case as the woman was gravely ill and only “had a matter of days “before she died.

Her Counsel Patrick Treacy SC instructed by Cian O’Carroll solicitors told the court the legal team had been “tragically informed” late on Wednesday by the woman’s husband that she was now under hospice care and her situation is “ so serious she cannot herself consult with her solicitor.”

Counsel said he was  in court making a humanitarian request to  the HSE to enter into mediation talks to resolve the matter or for the HSE to give an assurance that the woman’s right to general damages if she goes on to win her action be preserved after her death. The woman’s case is due for trial in the High Court in July. All the claims made in the action are denied.

The woman at the centre of the case cannot be identified by order of the court.

The woman has sued the HSE along with laboratory Eurofins Biomnis Ireland Limited of  Sandyford Industrial Estate, Foxrock, Dublin. The US laboratory CPL which is based in Austin, Texas and which examined the woman’s August 2010 cervical smear slide was added to the proceedings as a third party at the end of last month.

When the case came back before the High Court on Friday, Mr Treacy said his side needed to know if the HSE and the laboratory Biomnis Ireland were going to preserve the rights of the woman and her family to general damages if they win the action after her death.

He said his understanding was the HSE was not prepared to preserve the right. Counsel for Biomnis Ireland Ray Motherway BL after taking instructions said the laboratory won’t be agreeing to preserve the right to maintain a claim for general damages after death.

At issue in the case are two cervical smear slides taken under the CervicalCheck national screening programme in February 2010 and August 2010..

She has claimed that had smear samples taken in February 2010 or August 2010 been correctly reported she would have been treated by curative surgery and would not have developed invasive cervical cancer.

Instead, she says she underwent treatment with chemotherapy, radiotherapy and brachytherapy and in October 2022 she was diagnosed as having widespread metastatic disease.

It is claimed because of the alleged delay in diagnosis the woman  allegedly lost the opportunity of cure and her life expectancy was severely impaired and limited to months rather than years.

All the claims are denied.

Mr Justice Coffey said he was gratified to learn that mediation is taking place but he gave liberty to the woman’s legal team to come back to court if anything pressing arises before the case is due to be mentioned in the High Court on Tuesday.