SIX KEY POINTS FROM THE MEMO

1. The minister was told that liability for Vicky Phelan’s 2011 screening test “rests with the laboratory only”. The State Claims Agency (SCA) said the case against the HSE was “likely to fail/be dropped, in the absence of any evidence of bad faith by the HSE”.

2. In mediation discussions, the laboratory’s insurance company required complete confidentiality as a condition of any settlement. This was not acceptable to Ms Phelan.

3. Solicitors for the laboratory “will endeavour to settle the case on the best possible terms... the case is likely to be settled shortly before going to court”.

4. The SCA was of the view that publicity was likely. A suggested quote for the minister read: “I acknowledge the severe distress that this issue has caused to the patient involved, and to her family.”

5. Clinicians were informed of outcomes of CervicalCheck clinical cancer audits in 2016. “More recently, women are informed of this audit process and they have the option to request information on the outcomes of these reviews, which are sent to the treating doctor for discussion with the patient.”

6. The National Screening Service and Dr Jerome Coffey, head of the National Cancer Control Programme, advised that they do not consider this to be a patient safety incident but rather a reflection of the known limitations of the current screening test.