Latest news with #NationalScreeningService
The Journal
3 days ago
- Health
- The Journal
Health Minister apologises to woman after HSE admits to ‘failings' over cancer diagnosis
HEALTH MINISTER JENNIFER Carroll MacNeill has apologised to a woman after 'failings' in relation to two smear tests 'led to' her cancer diagnosis. Leona Macken (38) was diagnosed with cervical cancer in 2023. She took legal action in relation to two cervical smear tests, one in 2016 and one in 2020, which medical experts said were incorrectly reported as negative. An apology from the HSE was read out in the High Court yesterday after Macken settled the legal action. The High Court heard that Macken now has incurable metastatic cancer. A letter of apology from the chief executive of the National Screening Service Fiona Murphy, on behalf of the service and the HSE, apologised for the 'failings that have occurred and led to your diagnosis'. An undisclosed settlement was made for damages and the statement expressed 'hope that this settlement will give you and your family some level of comfort, peace of mind and security'. 'Need to look into this myself' Speaking on Newstalk Breakfast, Macken said she felt she had to go down a legal route to get answers. 'I had been asking questions and they weren't met by the answers that I was looking for, so that's why I said I need to look into this myself. 'I didn't really know where to be going and that's when they contacted Cian O'Carroll Solicitors.' Speaking on RTÉ's Morning Ireland, Carroll MacNeill said there 'should be open disclosure' and she also offered her apology to Macken. While Carroll MacNeill said 'screening programmes will always have some limitations', she added that it 'shouldn't happen' that people need to fight for an audit for their personal records. 'I don't want to provide a justification for why is it happening, it shouldn't happen,' said Carroll MacNeill. She said people in medical negligence cases need to have 'timely, open disclosure'. 'They need a resolution to their case, and they do not need additional stress going through the court process,' said Carroll MacNeill. 'These are very clear cases and it is really important that people are not provided additional stress and additional hurt through a court process when some of the issues are very clear, and that has to change. Advertisement 'There is a very different way that we need to approach medical negligence cases and how they're treated and that is one of the most important things I will be trying to address during the period that I am Minister for Health.' 'Thank God I started asking questions' Meanwhile, Macken said yesterday's apology mean a 'huge amount to her'. 'The acknowledgement of the failures and was a really good conclusion,' said Macken. 'We didn't know whether we were going to get it and there's been a lot of women in my position that didn't get that, so it is something I don't take for granted.' Macken said she had never missed a smear test and said of her diagnosis: 'How did I go from a normal smear in 2020 to cancer in 2023, it just didn't add up my head. 'Thank God I did start asking questions because I don't know if I would have ever found this out.' She added that a cancer diagnosis 'wasn't in my mind at all because I had no history of abnormalities'. Macken added that there has been 'no contact or response from the government' despite her solicitor Cian O'Carroll 'reaching out at a certain points'. She also remarked that 'there's so many things in the system that need to be rectified'. Speaking to RTÉ yesterday, O'Carroll said it is a 'complete falsehood' that there has been an improvement in the way women are told about mistakes in their smear tests. He said: 'The point Macken was making was that, standing outside the High Court in Ireland seven years on from when Vicky Phelan stood in the exact same spot, effectively nothing had changed. 'She was still complaining of similar errors, but ones that have now occurred two years after Vicky. 'Also like Vicky, she was not told of any failures in her screening.' O'Carroll added that it was 'a very big burden' for Macken to pursue the case when 'the time you have left is limited'. Macken however said she is 'determined to try and find something to get me out of this'. 'I'm not giving up, I've too much to live for,' she told Newstalk Breakfast. 'I have two beautiful children, I have an amazing family and a huge support behind me. 'In every other aspect of my life, I've always said I'm so lucky, I just have the most beautiful life, and I don't want to leave it.' Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Examiner
4 days ago
- General
- Irish Examiner
'Like the golden ticket': Cork woman 'relieved' cervical cancer case is over after HSE apology
Cork native Leona Macken and her husband Alan held hands as the apology from HSE's National Screening Service chief executive Fiona Murphy was read to them. Inside Court 1 of Dublin's Four Courts, family and friends, some of whom had travelled from Leona's community in Fairhill in Cork City, could be heard sobbing. Dressed in a white blouse and beige fitted hat, the 38-year-old mother of two, who has stage 4 cancer after she was misdiagnosed during a cervical screening exam in 2016 and 2020, listened intently. Because of the urgency of her diagnosis, Ms Macken's case before the High Court was fast-tracked through the courts system. At one point the pain of hearing the words of the apology 'for the failings that have occurred and led to your diagnosis', became too much for Alan Macken, who tried to force back the tears by pressing his eyes firmly with his hands. Cork native Leona Macken (centre) and her husband Alan (right) held hands as the apology from HSE's National Screening Service chief executive Fiona Murphy was read to them. Picture: Collins Courts His wife, who is currently undergoing chemotherapy and immunotherapy, leaned over and kissed him saying 'it's okay' as he looked to her for strength in that moment. They hugged each other before thanking their legal team and leaving the Four Courts. 'I do feel relieved its over and that the HSE has apologised,' Ms Macken told the Irish Examiner. 'It means so much to have it, it's important. I had two misdiagnosed smears, one in 2016 and one in 2020. That's two years on from Vicky Phelan. 'I had to drag everyone through this and had to do it all myself. If I never looked into it, would I have ever known?' Ms Macken was suffering unexplained abdominal pain and bleeding and sought medical help. 'I had everything done, but all tests came back okay," she explained. "I had another smear in 2023 and I had cancer - it was stage 1 b2. Then I had a hysterectomy and was diagnosed with stage 3 cancer, now I am stage 4. 'I was always conscious of my health, I paid for my first smear at 21. It was the whole (the late British reality television personality) Jade Goody story that made me get it done privately. I had a smear again in 2013, that was fine. Now I am undergoing chemotherapy and immunotherapy and the fight goes on. "The chemo is hard, but it's every three weeks so I try to build myself up again," Ms Macken said. Her husband Alan said it was 'hard to take it all in' as he listened to the apology in court. 'She has fought so hard, but we are getting through it, she is very brave,' he said, while Ms Macken added that 'as horrible as the situation is', she was 'hugely satisfied to get the apology'. 'It was a long journey, and even though Alan went through it and so did my family, I fought it all on my own in ways that they didn't,' she said. 'It was like the golden ticket getting them (the HSE) to acknowledge that they failed me, to be honest. I didn't realise it until I heard it, and I knew, yes, this is what I wanted.' The couple, who live in Artane, Dublin with their two children, eight-year-old Drew and five-year-old Quin, said they have 'worked together as a family' as Ms Macken undergoes intensive treatment. 'The kids are great, and they look to you for support,' said Ms Macken. Leona Macken: 'It means so much to have it, it's important. I had two misdiagnosed smears, one in 2016 and one in 2020. That's two years on from Vicky Phelan.' Picture: Collins Courts Leona and Alan, who met in 2010, celebrated their 10-year wedding anniversary last Friday. 'I met him on a night out in Dublin when I came up from Cork and followed him here and that's where we are, and we help each other,' she continued. 'We are doing our best just to fight on.' Leona's parents Mary and Jerimiah Cooney described their daughter as a 'rebel heart from Cork'. Her mother said: 'She is incredible the way she is handling everything.' 'She is an amazing woman," said her proud father as he fought back tears. 'We are so proud of her, she has kept it all together, at the same time she is a devoted mother and wife.' Read More HSE and screening service apologise for failings to young mother with cervical cancer
Irish Times
4 days ago
- General
- Irish Times
HSE apologises to woman with advanced cancer over screening ‘failings'
The HSE and the National Screening Service has apologised for 'failings' to a mother of two who has cervical cancer. Leona Macken, a 38-year old hairdresser who was diagnosed with cervical cancer in 2023, sued over two cervical smear tests, one in 2016 and one in 2020, claiming they were incorrectly reported as negative. On Tuesday, an apology was read in court as Ms Macken and her husband Alan, from Artane, Dublin settled a High Court action against the HSE. Outside court, Ms Macken said it felt great to get an apology from the HSE and National Screening Service but after the case of the late Vicky Phelan, 'nobody expected this to happen'. READ MORE 'I am fighting this since 2023. I started asking questions and thank God I did. We are told to trust the process. Something is not working in the system. Something needs to be fixed. This was 2020 for me and it is still happening. It is not good enough,' she said. The letter of apology from the chief executive of the National Screening Service Fiona Murphy stated, on behalf of the service and the HSE, it wished to apologise to Ms Macken, and her family 'for the failings that have occurred and led to your diagnosis'. It added: 'I wish to express our deep regret to you and your family and acknowledged the many challenges that you have faced as a result of your diagnosis.' It concluded: 'I appreciate that this has been a very difficult time for you and your family and I hope you find some solace with the resolution and conclusion of this process. I hope that this settlement will give you and your family some level of comfort, peace of mind and security.' The case was fast tracked through the courts system because of the urgency of Ms Macken's diagnosis. Her counsel Jeremy Maher SC, instructed by Cian O'Carroll solicitors, said it was a 'truly tragic' case. Counsel said their case was, because of failings in the CervicalCheck programme, the smears in 2016 and 2020 were incorrectly reported and Ms Macken was not diagnosed with cervical cancer until 2023. Ms Macken now has a limited life expectancy and 'what should have been stopped in its tracks was not', counsel said. Leona Macken and her husband Alan outside the High Court. Photograph: Collins Courts In the proceedings, it was claimed there was failure to correctly report or diagnose Ms Macken's smear samples in March 2016 and January 2020 and her cancer was allowed to develop and spread unidentified, unmonitored, and untreated until she was diagnosed in May 2023. It was claimed the smears in 2016 and 2020 had been incorrectly reported as negative. It was also alleged there was failure to have effective oversight of the CervicalCheck programme and to have regard to the numbers of women developing cervical cancer despite a history of clear smear tests. Noting the settlement, Mr Justice Paul Coffey acknowledged a plea from counsel that a lacuna identified by the Supreme Court in another case, that of Limerick woman Ruth Morrissey case, should be addressed. That lacuna related to the damages a husband may claim in such a case. There was a 'clear gap' in the law, Mr Justice Coffey said. In the Morrissey case, the Supreme Court upheld an appeal by a laboratory against damages awarded to her husband for services which would have been provided to the family by Mrs Morrissey were it not for her shortened life expectancy.
BreakingNews.ie
4 days ago
- Health
- BreakingNews.ie
HSE and National Screening Service apologies for failings to woman battling cervical cancer
The HSE and the National Screening Service has apologised for 'failings' to a young mother of two who is battling cervical cancer. The 38-year old hairdresser had sued over two cervical smear tests, one in 2016 and one in 2020, two years after the controversy around the screening programme broke and which it was claimed were incorrectly reported as negative. Advertisement The apology was read to the court as the young mother Leona Macken and her husband Alan from Artane, Dublin settled a High Court action against the HSE. The 38-year old mother from Artane, Co Dublin outside the Four Courts said it felt great to get an apology from the HSE and National Screening Service but after the Vicky Phelan case nobody expected this to happen. 'I am fighting this since 2023 . I started asking questions and Thank God I did. We are told to trust the process . Something is not working in the system. Something needs to be fixed. This was 2020 for me and it is still happening; It is not good enough,' she said. In the letter of apology from the chief executive of the National Screening Service Fiona Murphy it said on behalf of the Service and the HSE, it wished to apologise to Leona, and her family ' for the failings that have occurred and led to your diagnosis.' Advertisement It added: ' I wish to express our deep regret to you and your family and acknowledged the many challenges that you have faced as a result of your diagnosis.' It concluded: ' I appreciate that this has been a very difficult time for you and your family and I hope you find some solace with the resolution and conclusion of this process. I hope that this settlement will give you and your family some level of comfort, peace of mind and security.' Leona Macken's case before the High Court was fast tracked through the courts system because of the urgency of her diagnosis. Her counsel Jeremy Maher SC instructed by Cian O'Carroll solicitors told the court it was a truly tragic case. Counsel said it was their case because of failings in the CervicalCheck programme the two smears in 2016 and 2020 were incorrectly reported and Leona Macken was not diagnosed with cervical cancer until 2023. Advertisement He said Ms Macken has now a limited life expectancy and 'what should have been stopped in its tracks was not.' In the proceedings it was claimed that there was an alleged failure to correctly report or diagnose Ms Macken's smear samples in March 2016 and January 2020 and her cancer was allowed to develop and spread unidentified, unmonitored, and untreated until she was diagnosed with cervical cancer in May 2023. It was claimed that the smears taken in March 2016 and 2020 had been incorrectly reported as negative. It was further contended there was an alleged failure to have effective oversight of the CervicalCheck programme and a failure to have regard to the numbers of women developing cervical cancer despite a history of clear smear tests. Advertisement Noting the settlement Mr Justice Paul Coffey said he wished to acknowledge the plea from counsel that the lacuna identified in the Ruth Morrissey case by the Supreme Court be legally filled . This referred to what a husband can claim in such a case. The judge said there was a clear gap in the law. In the Ruth Morrissey case the Supreme Court upheld an appeal by a testing laboratory against damages awarded to her husband for services which would have been provided to the family by Mrs Morrissey were it not for her shortened life expectancy.
Irish Examiner
4 days ago
- Health
- Irish Examiner
HSE and screening service apologise for failings to young mother with cervical cancer
The HSE and the National Screening Service has apologised for 'failings' to a young mother of two who is battling cervical cancer. The 38-year old hairdresser had sued over two cervical smear tests, one in 2016 and one in 2020, two years after the controversy around the screening programme broke and which it was claimed were incorrectly reported as negative. The apology was read to the court as the young mother Leona Macken and her husband Alan from Artane, Dublin settled a High Court action against the HSE. The 38-year old mother from Artane, Co Dublin, outside the Four Courts said it felt great to get an apology from the HSE and National Screening Service but after the Vicky Phelan case nobody expected this to happen. She said: 'I am fighting this since 2023. I started asking questions and thank god I did. We are told to trust the process. Something is not working in the system. Something needs to be fixed. "This was 2020 for me and it is still happening; It is not good enough. In the letter of apology from the chief executive of the National Screening Service, Fiona Murphy, it said on behalf of the service and the HSE, it wished to apologise to Leona, and her family 'for the failings that have occurred and led to your diagnosis.' It added: 'I wish to express our deep regret to you and your family and acknowledged the many challenges that you have faced as a result of your diagnosis. "I appreciate that this has been a very difficult time for you and your family and I hope you find some solace with the resolution and conclusion of this process. I hope that this settlement will give you and your family some level of comfort, peace of mind and security.' Leona Macken's case before the High Court was fast-tracked through the courts system because of the urgency of her diagnosis. Her counsel, Jeremy Maher SC instructed by Cian O'Carroll solicitors, told the court it was a truly tragic case. Counsel said it was their case, because of failings in the CervicalCheck programme, the two smears in 2016 and 2020 were incorrectly reported and Leona Macken was not diagnosed with cervical cancer until 2023. He said Ms Macken has now a limited life expectancy and 'what should have been stopped in its tracks was not'. Leona Macken's claims In the proceedings, it was claimed that there was an alleged failure to correctly report or diagnose Ms Macken's smear samples in March 2016 and January 2020 and her cancer was allowed to develop and spread unidentified, unmonitored, and untreated until she was diagnosed with cervical cancer in May 2023. It was claimed that the smears taken in March 2016 and 2020 had been incorrectly reported as negative. It was further contended there was an alleged failure to have effective oversight of the CervicalCheck programme and a failure to have regard to the numbers of women developing cervical cancer despite a history of clear smear tests. Noting the settlement, Mr Justice Paul Coffey said he wished to acknowledge the plea from counsel that the lacuna identified in the Ruth Morrissey case by the Supreme Court be legally filled. This referred to what a husband can claim in such a case. The judge said there was a clear gap in the law. In the Ruth Morrissey case the Supreme Court upheld an appeal by a testing laboratory against damages awarded to her husband for services which would have been provided to the family by Mrs Morrissey were it not for her shortened life expectancy.
