Scandal report and victims group to be launched
A WOMAN fighting cancer has launched a High Court action over two alleged smear test blunders.
Ruth Morrissey, 37, who may only have one or two years to live, said she wanted to ensure her remaining time was as comfortable as possible and her daughter’s future was protected.
Mr Justice Kevin Cross had ruled the case should go ahead after he turned down an application by the two laboratories being sued for an adjournment of the case.
The court heard Mrs Morrissey had a CT scan this week. There is an improvement in her symptoms and she may now be a candidate for radical radiotherapy treatment.
A lawyer said aggravated and exemplary damages are also being claimed in the action.
The court heard Mrs Morrissey’s 2009 smear was tested by the US laboratory Quest Diagnostics and her 2012 sample was examined by the Medlab Dublin.
The couple’s lawyers said the tests were “incorrectly and negligently reported”.
Counsel added the results were given to Mrs Morrissey’s gynaecologist in 2016 but she was not given the review findings until May.
Lawyers claimed if the 2009 smear had been correctly reported she would have been referred for a colposcopy, which would have found precancerous cells and she may not have developed cervical tumours in 2014 which recurred this year.
DAUGHTER
Counsel said Mrs Morrissey, who also has breast cancer, is being deprived of seeing her daughter, seven, grow up and of an opportunity to live the life she had hoped.
Mrs Morrissey and her husband Paul, from Kylemore, Schoolhouse Road, Co Limerick, want to know why she was not told of the results of the reviews carried out in 2014 and 2015.
The HSE’S counsel admitted it owed a duty of care to the mum but not to her spouse and added the review results should have been revealed. The laboratories deny all the claims.
The couple have sued the health service and Quest Diagnostics Ireland Ltd, with offices at Sir John Rogerson’s Quay, along with Medlab Pathology Ltd, based at Sandyford Business Park, both Dublin.
On August 18, 2009, Mrs Morrissey had a smear as part of the Cervicalcheck screening programme.
The sample was sent to Quest Diagnostics and it came back negative with a recommendation for a routine recall.
On August 8, 2012, she had another smear test that was sent to Medlab Pathology and Mrs Morrissey was told by the HSE the next month no abnormalities had been detected.
On May 2014, she went to her GP complaining of bleeding and was Vicky Phelan referred for an urgent colposcopy. The next month she was told she had cervical cancer.
It is claimed that unknown to Mrs Morrissey reviews were carried out of the prior cervical screening.
A July 2014 study of the 2009 sample showed the original result was incorrect but it is claimed she was not alerted to this.
A review in October 2014 of her 2012 test showed the original result VICKY Phelan and Stephen Teap have revealed an inquiry report into the Cervicalcheck scandal will be published on September 1.
It is the same day the pair will launch a new advocacy was incorrect and it is also alleged she was not told. It is further claimed a review in 2015 of her 2012 sample showed the original result was wrong.
EXAMINATION
Mrs Morrissey complained of lower back pain and sciatica last October and examinations earlier this year confirmed a recurrence of cervical cancer and tumours in her left breast.
In May her consultant told her the group for scandal survivors and their families.
Ms Phelan has been diagnosed with terminal cancer while Mr Teap lost his wife Irene to the illness.
They told the Macgill Summer School in Glenties, Donegal, a co-ordinated day of reviews carried out of her smears showed they had been reported incorrectly.
It is claimed there was an alleged failure to properly diagnose and a misinterpretation of her samples.
Mrs Morrissey told the court her daughter Libby is aware of the situation and asked her would she have to live with someone else if her mother died.
The mother said action has been agreed with preliminary inquiry chair Gabriel Scally.
The campaigners said the new advocacy group, which will be funded by the Department of Health, will be separate from the HSE.
It will work with the it was the most difficult conversation she ever had with her daughter. She broke down as she said she told her child she could not promise she was not going to die but she would promise to fight as hard as she could to live for her.
Mrs Morrissey said when she got a call to tell her she was one of the women whose smear tests had been the subject of a review her heart sank.
The case continues. Irish Cancer Society and other charities to provide vital support to victims of the smear scandal. Mr Teap said: “The Department of Health has signed off on funding for this, Stephen Teap that is something which is being finalised, it’s been agreed it will have absolutely nothing to do with the HSE whatsoever.”
Ms Phelan also revealed she only found out recently the State had admitted responsibility, to the tune of €25,000, in her multimillion euro settlement.