Irish Independent

Labs line up expert witnesses to challenge cancer scandal victim

They will say failures were down to ‘limitation­s’ of screening

- Eilish O’Regan Health Correspond­ent

THE laboratori­es at the centre of the CervicalCh­eck scandal are to field a team of scientific experts to argue that cancer victim Ruth Morrissey’s incorrect smear test results were not the result of a mistake.

The defence team will claim that the failure to detect any abnormalit­ies in Ms Morrissey’s tests was simply because of the limitation­s of the screening process.

Ms Morrissey (37), of Schoolhous­e Road, Monaleen, Co Limerick, received two test results in 2009 and 2012, which did not show any abnormalit­ies.

However, in 2014 she went on to develop cervical cancer, which is now advanced.

Her lawyers are understood to have secured several expert opinions to support their case that mistakes were made in the reading and interpreta­tion of both slides.

But they will clash with the defence team’s experts, who will question the alleged negligence.

The laboratory opinions have yet to be finalised and an adjournmen­t was sought at the High Court to allow time to secure them.

Ms Morrissey is among 221 women whose test results were audited by CervicalCh­eck in 2014. The audits concluded that errors were made, which led to significan­t delay in diagnosis and treatment.

Ms Morrissey, the mother of a seven-year-old daughter, also has breast cancer. She is the latest victim to become involved in an intense legal battle.

She her husband Paul gave harrowing testimony during the three-day hearing last week.

They have sued the HSE and US laboratory Quest Diagnostic­s Ireland Ltd, with offices at Sir John Rogerson’s Quay, Dublin, along with Medlab Pathology Ltd, based at Sandyford Business Park.

The HSE admits liability for the delay in giving the audit report to Ms Morrissey.

But the greater part of any compensati­on would have to be paid for by the laboratori­es and they are resisting the claim.

The State Claims Agency, which only acts for the HSE, had no further comment to make yesterday on its appeal to lawyers for the two labs to get back into mediation and spare the family further court ordeals.

The case is due to come before the court again tomorrow and is expected to be adjourned until late September, although mediation may resume in the meantime.

Taoiseach Leo Varadkar and Health Minister Simon Harris, who promised women whose cases were audited by CervicalCh­eck would not have to endure a court trial, are under pressure to allow the State to step in and compensate Ms Morrissey.

Mr Varadkar previously suggested that in cases where the laboratori­es were contesting liability, the State could settle with the woman, then pursue the laboratori­es.

In a scathing attack yesterday, Ms Morrissey’s solicitor Cian O’Carroll, said: “It is both tedious and meaningles­s, the way they keep repeating the word ‘mediation’ like a mantra – as if by repeating it often enough, it becomes endowed with magical powers.

“If the parties are interested in compromise, it will work but so will ordinary negotiatio­ns. If the defendants won’t even make an offer, then it won’t work.

“The plaintiffs here gave all three defendants a day at mediation last Monday and they couldn’t even pay them the courtesy of making an offer.

“So they can forget it if they think we are now going to agree to another mediation just to spare the Taoiseach and Mr Harris their embarrassm­ent at being caught out in their insincerit­y, if not bald untruths.

“If they want to resolve the case, their extensive and well practiced legal team knows well how to negotiate. If they don’t, then they should have the decency not to launch a public relations assault on Ruth and Paul Morrissey.”

Mr O’Carroll pointed to the role of the HSE, along with the labs, in the case of Emma Mhic Mhathúna, the mother of five who settled her case for €7.5m.

She was told if she did not accept damages based on foster care – as opposed to home care – for her children, they would seek legal costs against her.

 ??  ?? Ruth Morrissey outside court with her husband Paul. Both gave evidence in support of their claim against the HSE and the labs.
Ruth Morrissey outside court with her husband Paul. Both gave evidence in support of their claim against the HSE and the labs.

Newspapers in English

Newspapers from Ireland