Family of Cork Army captain who died of cervical cancer settle High Court action

High Court reporters

The grieving husband of a Cork Army captain who died of cervical cancer has settled a High Court action over his wife’s death.

Mother of two, Edel O’Halloran, the High Court heard, died two years ago on the day a mediation conference in relation to her own action over the alleged misreading of two of her smear tests was due to take place.

Mrs O’Halloran, a retired Army captain, was 59 years old when she died of metastatic cervical cancer.

Her husband, Roger O’Halloran of Kinsale Beg, Youghal, Co Cork, had sued the HSE which was in charge of the CervicalCheck screening programme and Eurofins Biomnis Ireland Ltd, with an address at Sandyford Industrial Estate, Foxrock, Dublin.

After hours of talks on Wednesday, Mr O’Halloran’s counsel Patrick Treacy SC, instructed by Cian O’Carroll solicitors told the court the matter had been resolved.

Earlier, Counsel said when Mrs O’Halloran was gravely ill in May 2023, her action was case-managed in the personal injuries list, and the judge in charge of that High Court list, Mr Justice Paul Coffey, did everything he could in relation to the case.

Counsel said that on June 9th, 2023 on the day of mediation between the sides in the action, Mrs O’Halloran died.

Counsel said a further mediation had taken place since and that had failed.

Ms Justice Leonie Reynolds, who expressed her sympathy to the O'Halloran family, gave time for the parties to have further talks.

Letters

On Wednesday evening, Mr Treacy told the court the case had been resolved and two statements would be read to the court and letters would also be sent to the O’Halloran family. The terms of the settlement are confidential.

In a statement to the court, the HSE expressed “sincere regret” on the untimely death of Mrs O’Halloran.

It added: “We do not underestimate how difficult a time this has been for you and your family and wish to extend our deepest sympathies on your loss.”

Eurofins Biomnis Ireland Ltd, which acquired Claymon Laboratories in 2015, in a statement to the court said it did not therefore do the original screening of a 2010 smear test.

However, it admitted there was an omission in the reporting of the cervical screening which Claymon Laboratories conducted in February 2010, but said it made no admission in respect of causation.

The case centred on two smear samples taken from Mrs O’Halloran in February and August 2010. In the proceedings, it was claimed if the smear tests had been correctly reported, she would have been treated by curative surgery and would not have developed invasive cervical cancer.

Instead, it was claimed she underwent treatment with chemotherapy, radiotherapy and brachytherapy.

In October 2022, Mrs O’ Halloran was diagnosed as having widespread metastatic disease. It was claimed that by virtue of the alleged delay in diagnosis she lost the opportunity of cure and died on June 9th, 2023.

Investigation

Mrs O’Halloran, it was claimed, was deprived of the opportunity of timely and effective investigation and management of her condition.

It was also contended that Mrs O'Halloran was allegedly deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment.

All of the claims were denied.

Noting the settlement Ms Justice Leonie Reynolds commended the legal teams and said it was a case with complex issues. The judge said she hoped the family will now be able to move forward.