A Dublin hospital board has apologised for the “unacceptable failure” in care in the reading and reporting on the 2007 cervical smear sample of a woman who was described by her family as a “bright shining star”.
The “sincere and unreserved” apology from the Beaumont Hospital board was read aloud in the High Court on Tuesday as Oonagh McEvoy’s brother settled a legal action over alleged misreporting of her smear sample.
Ms McEvoy, who was a nurse at the Mater hospital, died aged 36 from metastatic cervical cancer in 2011, some four years after receiving a negative smear result from Beaumont Hospital’s laboratory.
Emmett McEvoy’s case against the hospital board opened before the High Court last month, when Ms Justice Leonie Reynolds was told he alleged that pre-cancer of the cervix was present at the time of Ms McEvoy’s 2007 screening and that this could have been solved with a procedure if it was picked up then.
Jeremy Maher SC, for UK-based Mr McEvoy, said it was his case that the nurse would have gone on to live a normal life.
Instead, Ms McEvoy’s cancer was spotted via a scan and biopsy in 2010. She underwent a hysterectomy, chemotherapy, radiotherapy and brachytherapy but died on April 11th, 2011.
The hearing was adjourned until Tuesday, when Mr Maher, instructed by Cian O’Carroll solicitors, said the parties reached a settlement that involved an apology being read aloud in court to Ms McEvoy’s mother, Mary McEvoy, and 11 siblings, from Ballinalee, Co Longford.
The hospital’s interim chief executive, David Sweeney, apologised on behalf of the board and acknowledged that, due to the “unacceptable failure in care”, further investigations were not performed that would otherwise have diagnosed pre-canerous abnormalities and prevented the development of Ms McEvoy’s cervical cancer “that ultimately caused her death”.
He offered a heartfelt apology to the late Ms McEvoy for the pain and suffering caused to her and extended condolences to her family.
Conor Bourke SC said his client, the hospital board, has withdrawn two pleas of contributory negligence.
A breach of duty had been earlier admitted regarding the 2007 slide, which was processed by the hospital before the CervicalCheck national screening programme came into being.
Ms Justice Leonie Reynolds congratulated the parties for resolving the case, which would have been lengthy, costly and “very difficult for the family”. She extended her sympathy to the McEvoys and struck out the case with consent from both sides.
Outside the Four Courts, Mr McEvoy said he and his family took this action to get “some small semblance of justice” for Ms McEvoy and to ensure accountability.
Speaking on behalf of his mother and siblings, who were present, he said they wanted to “shine a light on the failures of the Irish health service in the hope they will never, ever be allowed to repeat themselves”.
His sister was a “brilliant nurse who cared for each and every one of her patients”.
“It is gut-wrenching and heartbreaking for us to stand here today and know that her colleagues in the Irish health service failed to reciprocate that care,” he said.
Ms McEvoy, a vibrant and outgoing woman, spent her last six months enduring painful treatments in a “desperate attempt to save her life”.
“A bright shining star was taken the day Oonagh passed away... Oonagh was an exceptional person – the type of person you are lucky to meet once in your life. We had the absolute privilege as a family of having Oonagh as our sister and our daughter.”
He thanked “all those brave women and their families who have been forced to tread this difficult path ahead of us”.
