The family of Kerry woman Joan Lucey has settled a High Court action over her cervical smear slides.
Mr Justice Kevin Cross was today told the action which had been continued by her son and daughter when Mrs Lucey died last week has been resolved.
Retired nurse and widow Joan Lucey from Dingle died last Friday just hours after the HSE and the laboratories pledged to begin mediation towards resolving the case and after her lawyers had gone to court twice pleading for mediation to begin as Mrs Lucey was on her deathbed.
Mediation had continued after her death but the court was previously told been unsuccessful after ending at 10pm last Tuesday night.
No admission of liability
In court today, the Lucey family counsel Oonah McCrann SC instructed by Aisling Maher of Cantillons solicitors told the court the case had been resolved. She said the case will come back before the court on March 4th next when the settlement can be approved.
It is understood the settlement is without an admission of liability. The details of the settlement are confidential.
Mr Justice Kevin Cross congratulated all sides and the mediator on reaching a settlement.
Ms Lucey’s son Sean and her daughter Sinead had taken over the legal action against the HSE and two laboratories over their mother’s 2011 smear tests. They had taken over her case as they are executors of her will.
Deathbed plea
Joan Lucey (73) through her lawyers had pleaded from her deathbed for mediation to begin in her case.
Mr Justice Kevin Cross had also last week urged mediation to take place in the case of Mrs Lucey who had terminal cervical cancer.. The judge said the parties should take instructions at the highest level to see if the case of Joan Lucey can be resolved through mediation.
This week when he was told that the Lucey family were continuing the case and mediation had been unsuccessful when it ended on Tuesday night the judge told the parties this did not mean the parties could not reengage with mediation in the case.
“It’s not over, until it’s over,” the judge said.
Cervical smears
Mrs Lucey’s claims for general damages fell away when she died, but the action was reconstituted as a fatal claim, with her children replacing her as plaintiffs.
The action was against the HSE, Clinical Pathology Laboratories Incorporated and MedLab Pathology Ltd in relation to the alleged misreading, misinterpretation or misreporting of Mrs Lucey’s cervical smears taken in February 2011 and August 2011. The claims were denied.
Last week as the judge urged mediation, Oonah McCrann SC said all Mrs Lucey was being offered on her deathbed was “hollow sympathy.”
Joan Lucey (73) Cooleen, Dingle, Co Kerry had 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 sued in relation to the alleged, misreading or misinterpretation or misreporting of her cervical smears taken in February 2011 and August 2011.
It was claimed that notwithstanding undergoing regular smear tests as advised, cytological cell changes in Mrs Lucey were allegedly allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in July 2019.
All the claims were denied.
Clinical Pathology Laboratories (CPL) had also joined as a third party in the proceedings consultant obstetrician Dr Mary McCaffrey of The Scotia Clinic, Tralee , Co Kerry. CPL had claimed there was an alleged failure to assess or investigate Mrs Lucey when she attended the clinic on April 29th, 2011, and it was claimed it resulted in an alleged missed opportunity to diagnose pre invasive disease.
All the claims were denied.
