The Irish Mail on Sunday

Hundreds take action over smear tests

Director criticised for ‘threat’ that payouts from mounting claims could put a stop to screening programme

- By Claire Scott claire.scott@mailonsund­ay.ie

THERE are 242 claims lodged against the HSE’s CervicalCh­eck programme to date over the alleged misreading of smears, the Irish Mail on Sunday can reveal.

Out of the 242 cases, 197 are from women affected and 45 are from family members taking cases on behalf of women, according to the latest figures from the State Claims Agency.

A spokesman said: ‘The State Claims Agency does not act for the labs in these cases [they have separate legal representa­tion]; the data relate to claims in which the HSE/ CervicalCh­eck is a co-defendant with one or more labs.’

‘Proceeding­s have commenced in 186 of these cases. To date, 28 claims have been concluded – 21 cases resolved by way of settlement/mediation, one by court judgment and six were not pursued.’

Clinical director of CervicalCh­eck Dr Nóirín Russell, said earlier this week that there is a ‘very real risk’ that if the ongoing ‘environmen­t’ of litigation doesn’t change ‘we won’t have a screening programme’ at all for women.

She said women’s trust in the HSE scheme has been eroded over the last couple of years.

This follows comments Dr Russell made in December in a letter to Aontú political party leader Peadar Tóibín after he called for a reexaminat­ion of CervicalCh­eck in the Dáil due to a high ‘mistake rate’ in the service. Dr Russell wrote to say it was ‘not factually correct to say that these were “mistakes” or “missed readings” or to suggest that they confirm evidence of negligence.

‘They are instead regrettabl­e but expected findings in a cervical cancer screening programme,’ she wrote.

However, patient advocate and CervicalCh­eck steering committee member Lorraine Walsh said the narrative from Dr Russell was putting ‘blame’ on women and families who were let down by CervicalCh­eck for lack of uptake in screening.

She added that Dr Russell should be aiming to provide a reason to trust in the service instead of insinuatin­g that women who are taking cases where negligence may be a factor in their diagnosis, are in the wrong.

Ms Walsh told the MoS: ‘If the HSE could actually just draw a line, accept and say, “Yes, Gabriel Scally did a review and it was a system that was doomed to fail.

‘There wasn’t correct oversight. There wasn’t correct auditing. There were so many things wrong with it.

‘And as a result of that there are women that have been let down by it but going forward we have a whole new system – we’ve changed things, we’ve HPV screening now and this is much more accurate and while there are limitation­s to it, the likelihood is there would be less abnormalit­ies missed. But they’re just not doing that, and they just keep complainin­g that we won’t have any screening system.

‘On one side the HSE is hunting women into the grave through the courts and on the other it’s saying all these women are dying because of the limitation­s of screening. Women will have fear because of this idea that the limitation of screening is the reason these women are dying because of this narrative which CervicalCh­eck are going with, not because of the women who have been let down.’

Solicitor Cian O’Carroll, who has represente­d many women affected by the CervicalCh­eck scandal including Vicky Phelan, Emma Mhic Mhathuna and Ruth Morrissey told the MoS he considered Dr Russell’s comments a ‘threat’.

He said: ‘I think her attitude to the establishe­d failings in CervicalCh­eck is unlikely to encourage improvemen­ts. And I think to date any of the remarks that I’ve seen in recent months have been to question the High Court and Supreme Court decisions in the Morrissey case, to declare that the judges and presumably the rest of the legal profession, don’t understand the limitation­s of screening.

‘And then to suggest with this vague threat that if the – her word – “payouts” continue that ultimately it will become more expensive than the screening program, and it would mean the end of screening, which is more than a threat. That if you don’t stop suing us for negligence that causes death, we’ll pull the whole program, and good luck to the women of Ireland.

‘Apart from that being outrageous, it’s a falsehood.

‘First of all, I think we can safely say that the Supreme Court has shown that it does understand the difference between diagnosis and screening.

‘Secondly, the court made it very clear that it was not applying its standard to screening; it was applying the medical profession’s standard to screening.

‘And thirdly, it’s the laboratori­es, who bear the cost of the litigation. It’s the women who bear the true cost, with their lives and with their health, but the financial consequenc­e

‘Women paid the cost of this with their lives’

of this negligence is borne by laboratori­es. So, why then create a false impression that somehow or other screening is paying for this, or the cost would result in the ending of screening in Ireland for women.

‘So, I just don’t understand where Nóirín Russell is going with this kind of attitude. And I think she’d be a lot better served if she read the Morrissey judgments and asked herself, “Can we do something better here in screening in Ireland? Can we improve?” because the numbers of women dying through negligence, not through ordinary screening errors, not through the limitation­s of screening, but through carelessne­ss, are growing.’

When asked, CervicalCh­eck did not respond to Mr O’Carroll and Ms Walsh’s comments.

Meanwhile, the family of Joan Lucey, 73, a retired nurse who died from cervical cancer last weekend have settled her High Court case against the HSE and two laboratori­es.

Mrs Lucey was a retired nurse from Dingle, Co. Kerry, who died just days before mediation was to begin in her case.

Mediation had been requested on two separate occasions by Mrs Lucey’s solicitors due to her deteriorat­ing condition but the defence had refused.

Mrs Lucey’s case centred on two alleged misreading­s, misinterpr­etation or misreporti­ng of smear

‘They should say the system was doomed’

from 2011. She was diagnosed with cervical cancer in 2019.

The case is against the HSE, Clinical Pathology Laboratori­es Incorporat­ed with headquarte­rs in Austin, Texas and MedLab Pathology Ltd with registered offices at Sandyford Business Park Dublin.

The case was settled without an admission of liability.

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 ??  ?? ordeal: Vicky Phelan and Lorraine Walsh were affected by the scandal
ordeal: Vicky Phelan and Lorraine Walsh were affected by the scandal
 ??  ?? tragic: Joan Lucey died just last week
tragic: Joan Lucey died just last week

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