The family of Kerry woman Joan Lucey who died before mediation could take place in her High Court case over her cervical smear slides will now continue her action.
Ms Lucey’s son Sean and her daughter Sinead will take the place of their mother in the legal action against the HSE and two laboratories over Mrs Lucey’s smear tests of 2011.
Retired nurse and widow Joan Lucey 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
In the High Court this afternoon the Lucey family counsel Oonah McCrann SC told the court that after all sides had agreed to mediation last Friday it had been brought forward to Saturday morning instead of the scheduled date for the following Tuesday.
“We woke up to the sad news on Saturday morning that Mrs Lucey had passed away,” Counsel said.
She said mediation in the case continued but after two days it had finished at 10pm on Tuesday night and was unsuccessful.
She asked that the action now be reconstituted in the names of Mrs Lucey’s son Sean and her daughter Sinéad who are executors of their mother’s will. She said they were ready to proceed with the hearing of the action next Friday.
Mr Justice Kevin Cross who offered his sympathy to the Lucey family on their loss told the parties that while mediation has not been successful so far, it does not mean the parties cannot reengage with mediation in the case.
“It’s not over, until it’s over,” the judge said.
Reconstituted
Mrs Lucey’s claims for general damages fell away when she died, but the action can now be reconstituted as a fatal claim, with her children replacing her as plaintiffs.
The action is 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 are denied.
Mr Justice Kevin Cross had last week urged mediation to take place, The judge said the parties should take instructions at the highest level to see if the case of Joan Lucey could be resolved through mediation. On that occasion her counsel said all she was being offered Joan Lucey 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. Clinical Pathology Laboratories (CPL) had also joined consultant obstetrician Dr Mary McCaffrey of The Scotia Clinic, Tralee, Co Kerry as a third party in the proceedings.
Mrs Lucey had sued in relation to the alleged, misreading or misinterpretation or misreporting of her cervical smears taken in February 2011 and August 2011.
All the claims are denied.
