Ruth cannot talk to the media but I can, so l’ll tell him he is deceiving the people
»»Cervicalcheck victims dragged to court despite vow »»terminally-ill mum’s plea to end ‘inhumane’ action
VICKY Phelan yesterday slammed Leo Varadkar for misleading the country by promising no other women involved in the Cervicalcheck scandal would be dragged through the courts.
The Taoiseach vowed in May future cases taken by victims would be resolved through mediation, sparing them the ordeal of giving evidence.
Yet several women, including terminally-ill Ruth Morrissey who was in the High Court last week after her mediation talks collapsed, have ended up in front of judges.
The 37-year-old mum, who has cervical and breast cancer and whose disease was allegedly missed, is suing over the incorrect reporting of two smear tests carried out in 2014.
Ms Phelan, who brought the scandal to light and settled her case over a 2011 false negative smear test for €2.5million, said she is very “angry” and accused Mr Varadkar of knowingly deceiving the people.
The mum of two added she will ask the Taoiseach for a “resolution” as it is “inhumane to watch”.
Ms Phelan said: “She [Ms Morrissey] can’t talk to the media, but I can and I am going to ask the Taoiseach to get a resolution.
“I think when he [the Taoiseach] went on Six One and he gave that conference he misled the people of Ireland because obviously the State Claims Agency came out afterwards to say the labs had indemnified the State and what the Taoiseach was promising wasn’t going to be possible.
CONTROL
“But surely the State must have some kind of a clause over these labs to allow them to go in, take control in situations like this where serious mistakes have been made.”
Speaking on May 11, Mr Varadkar said: “What we propose to do is offer mediation in every case so women can avoid having to go to court and the trauma of a court hearing.”
Asked what would happen if the US lab CPL laboratories, which is at the centre of the scandal, refused and wanted to fight the cases, he added: “In this situation the State will settle and pursue the lab later.”
Ms Phelan told RTE’S Today with Miriam yesterday Ms Morrissey’s solicitor Cian O’carroll told her no offer has been made.
She added: “How can you mediate when there is no offer?
“I want the Taoiseach to stand up and do something to protect these women. It is inhumane to watch.”
Mr O’carroll revealed in a statement on Friday in the weeks leading up to her court case the State rejected several dates for mediation that both Ruth and her husband Paul had proposed. The solicitor, who is representing several of the Taoiseach Leo Varadkar said: “Since Vicky Phelan’s case there’s been absolutely no change, the exact same tactics are being adopted. “The Taoiseach is trying to defend that by saying the Ruth Morrissey case is in some way different because liability is an issue. But liability is going to be an issue in Vicky Phelan every case. Unless the Taoiseach isn’t aware of how these things work, he must have been told by now that in such cases liability is always contested, and I suspect he was told that before he made his utterances on May 11.”
Speaking about the challenge of going through a court case like that, Ms Phelan said: “It was very difficult and this is why I’m so angry.
“I had a very strong case. I knew we were going to win it. I had a very clear case of misdiagnosis, yet I was the one being put up on the stand first to talk about my misdiagnosis and how it had impacted my life emotionally, psychovictims, logically, my marriage, my sex life. You’re being treated as the wrong, party. You’re the person having to answer these very difficult questions.
“It was very hard for my family because a lot of the time the questions are directed in such a way they’re talking in terms of you already dying.”
Mr Varadkar yesterday said he should have been “clearer” when he made the promise on May 11.
He added: “In relation to Mrs Morrissey, I am very sorry she has cancer. I am sorry for her and her family and that it wasn’t picked up earlier and she wasn’t informed of the audit when she should have been. I hope the treatment she is getting is successful so she can see her daughter grow up and I think that is the most important thing.
“This is an ongoing court action. I am limited as to what I can say.
“I don’t want to say anything that will prejudice the outcome.
“What the Government wants is that all cases are settled by mediation so that women can avoid a court trial.”
Mr Varadkar said he asked Attorney General Seamus Woulfe to talk to the State Claims Agency about resuming mediation in Ms Morrissey’s case.