The family of a mother of four who died of cancer has settled a High Court action over her death.
Mother and grandmother Julie O’Reilly was 60 years of age when the High Court heard she died on October 6th 2018, of endometrial cancer which has spread to other parts of her body.
The family’s counsel, Jeremy Maher SC instructed by Cian O’Carroll solicitors told the court it was their case that Mrs O’Reilly’s endometrial cancer should have been caught when the screening of her cervical smear slides taken under the CervicalCheck screening programme between 2009 and 2013 took place.
Counsel said this was not accepted by the HSE.
Mr Maher said an expert on the O’Reilly side would say that any cytologist examining a slide could pick up on any abnormalities in cells.
He said Mrs O’Reilly who was a much-loved wife, mother and grandmother had a painful and cruel death after her endometrial cancer spread to her lungs and later her brain.
Her widower, Thomas O’Reilly of Balbriggan, Dublin had sued the HSE and doctor Aine Rowley with an address at Balbriggan Medical Centre, Balbriggan Co Dublin, over his wife’s death.
The settlement which was reached after mediation was without an admission of liability.
In the proceedings, it was claimed against the HSE that there was an alleged failure to correctly report Mrs O’Reilly’s smear samples taken in January 2009, May 2009, November 2009, October 2010 and September 2013 under the cervical screening programme.
Against the doctor, it was claimed there was an alleged failure to carry out any or any adequate investigation of Mrs O’Reilly’s gynaecological symptoms and an alleged failure to ensure the woman received appropriate specialist advice following an ultrasound scan in 2008.
In the proceedings, it was claimed on January 30th 2009, Mrs O’Reilly had a cervical smear test which showed atypical glandular cells.
In May of the same year, she had another cervical smear test which came back negative.
On November 26th 2009, Mrs O’Reilly had another cervical smear test which also came back negative.
Almost a year later in October 2020, Mrs O’Reilly had another smear test which came back as negative and also another one carried out three years later in September 2013.
Four years later in February 2017, Mrs O’Reilly was diagnosed as having metastatic endometrial cancer. Having undergone chemotherapy and radiotherapy she died on October 6th, 2018.
All the claims were denied by both parties.
The details of the settlement are confidential, and the case was before the court for the division of the €35,000 statutory mental distress payment only.
Mr Maher told the court the O’Reillys had been married for over 40 years and had lived in London and Spain before coming back to Ireland in 2007.
Noting the division of the solatium, Mr Justice Emily Egan offered her very deep condolences to Mr O’Reilly and his family.
