A mother-of-three with terminal cancer who sued over the misreporting of her smear slide over 18 years ago has settled her High Court action.
The HSE and a hospital have already apologised to the 40-year-old woman who the High Court heard “could die at any time” that the reporting of her smear slide fell below a reasonable standard and for the “devastating consequences” for her.
On the second day of the hearing on Friday after talks between the sides, Mr Justice Paul Coffey was told the case had been settled and could be struck out.
The apology was delivered in a letter to the 40-year-old woman the day before her High Court action kicked off this week, acknowledging the reporting of her smear test taken on November 3rd, 2004 “fell below a reasonable standard.”
Her Counsel Jeremy Maher SC instructed by Cian O’Carroll solicitor at the opening of her action in the Four Courts on Thursday said the woman has six to 18 months to live and won’t see the summer of 2024.
Counsel said while the obtaining of the apology is of “real value” for the woman who has a limited life expectancy after her cancer returned last November, it was distressing for her and her husband as to why it had taken before the opening of her High Court case an apology to be given.
Devastating consequences
In the letter the HSE and St Luke’s Hospital, Rathgar, Dublin, which tested the 2004 slide apologised to the woman who cannot be named by order of the High Court.
It said: “We acknowledge that the reporting of the cytology sample taken on November 3rd, 2004 fell below a reasonable standard.”
The letter signed by the general manager of St Luke’s Radiation Oncology Network, Jacqueline Robinson continued: “I unreservedly apologise to you for what happened and for its devastating consequences.
"I do not underestimate how difficult this has been for you and your family.
"I hope that you will accept this apology which is made with sincere regret.”
Abnormal test
At the opening of the action, Mr Maher said the woman who cannot be identified by order of the court was in her early 20s and had two young children when she had a smear test in 2004.
Counsel said it was tested at St Luke’s and reported back as negative when “in fact it was significantly abnormal”.
The pre cancer in 2004 he said should have been detected and if it had, it would have been excised and “she would have been cured forever.”
Six years later in 2010, Counsel said the woman had another smear test and this was reported back as abnormal, and she was referred for a number of procedures.
She was diagnosed as suffering from micro invasive squamous cell carcinoma.
Further smear tests were clear until the summer of 2015 when metastatic cervical cancer was diagnosed.
Counsels said a significant, complicating and tragic factor was that the woman was five weeks pregnant at the time.
He said it was a much-desired pregnancy and there were two serious concerns regarding her life and her pregnancy.
The hospital involved took legal advice on the matter and the decision on treatment he said, was not taken lightly.
Counsel said the medical advice that was the only way to save her life was to have the chemotherapy, radio therapy and brachytherapy and there was a loss of the pregnancy.
