Woman with terminal cervical cancer settles case against HSE and US laboratory
A 54-year-old woman who has terminal cervical cancer has settled a High Court action against the HSE and a US laboratory over the alleged misinterpretation of smear tests.
The woman who cannot be identified by order of the court, the High Court heard, has incurable Stage Four cervical cancer. The action related to five smear tests taken between 2011 and 2018.
Her counsel, Patrick Treacy SC instructed by Cian O'Carroll solicitors, told the court that the case had been resolved after mediation this week. The settlement against the HSE and the US laboratory Quest Diagnostics Incorporated with an address in New Jersey is without an admission of liability.
The action had been case managed by the High Court because of the woman's diagnosis.
Woman's claims
In the proceedings, it was claimed as a result of alleged delay, the woman lost the opportunity of cure and her life expectancy has been severely impaired and her enjoyment of life has been catastrophically damaged.
It was claimed her cancer had been allegedly allowed to develop and spread unidentified, unmonitored and untreated until she was ultimately diagnosed following her attendance at a hospital emergency department in late 2024.
It was claimed that the woman had a smear test under the CervicalCheck screening programme in February 2011 and the report showed a lesion and a procedure was arranged with a follow smear arranged for six months later.
She had another smear test in December 2011 which came back as negative and also in June 2012 which was also negative. At the end of December 2013, it was claimed the woman had another smear test and cells of uncertain significance were detected and a referral was made to a colposcopy clinic.
A further smear test in October 2014 came back as negative and she also had a smear test in August 2018 which was returned as negative. She became unwell on holiday last year and on her return home she was referred for review where an MRI scan showed a cervical tumour and she began chemotherapy.
It was claimed had any of the five smear tests been correctly reported, there would have been a different approach to her care and she would have been advised to undergo a hysterectomy. It was contended that on the balance of probabilities her high grade pre-cancer would have been cured and it would not have developed into advanced cancer lesion requiring intensive palliative chemotherapy.
All of the claims were denied. Noting the settlement, Mr Justice Paul Coffey said he was delighted to hear the case had been resolved.
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