A 73-year-old woman on her deathbed with terminal cervical cancer who is suing over her smear slides today was given a commitment from the HSE and two laboratories they will attend mediation talks.
Mediation towards resolving the action of retired nurse and widow Joan Lucey from Kerry will begin on next Tuesday afternoon. It will also involve a third party joined in the proceedings by US laboratory CPL, the High Court heard.
Mr Justice Kevin Cross who had urged mediation and told the HSE and the laboratories on Thursday to take instructions “at the highest level” on the matter wished all sides success in the mediation which he described as “a quite difficult endeavour”.
The judge had told all parties to attend a remote hearing of the High Court this morning to check on progress on the matter. All the defendants along with the third party confirmed they will attend for mediation.
Mrs Lucey’s legal team had pleaded in court twice for mediation to begin.
Laboratories
On Thursday, Mrs Lucey’s counsel Oonah McCrann SC instructed by Aisling Maher of Cantillons solicitors told the judge the HSE were not prepared to enter into direct mediation talks without the other parties present.
Previously the court had heard the laboratories were baulking at engaging in mediation until a third party issue has been resolved.
“All Joan Lucey is being offered on her deathbed is sympathy. It is hollow sympathy,” counsel said.
All Joan Lucey is being offered on her deathbed is sympathy. It is hollow sympathy
Counsel said Mrs Lucey needed to know if the case was going to mediation or did she have to face a trial of her action which is due to start in the High Court next week.
Joan Lucey (73) Cooleen, Dingle, Co Kerry has sued the HSE, Clinical Pathology Laboratories Incorporated (CPL)with headquarters in Austin, Texas, USA and MedLab Pathology Ltd with registered offices at Sandyford Business Park, Dublin.
She has sued in relation to the alleged, misreading or misinterpretation or misreporting of her cervical smears taken in February 2011 and August 2011.
Clinical Pathology Laboratories (CPL) has also joined as a third party in the proceedings consultant obstetrician Dr Mary McCaffrey of The Scotia Clinic, Tralee , Co Kerry. CPL has claimed there was an alleged failure to assess or investigate Mrs Lucey when she attended the clinic on April 29th, 2011 and it is claimed it resulted in an alleged missed opportunity to diagnose pre invasive disease.
All claims are denied.
