Family of woman who died of cervical cancer settles case over smear results

• Published date: 25 April 2024
• Publication title: Irish Times: Web Edition Articles (Dublin, Ireland)

The woman, who cannot be named by order of the court, endured excruciating pain before her death nine years ago, Mr Justice Paul Coffey was told

The family's senior counsel, Oonah McCrann, instructed by Cantillons Solicitors, told the court the woman was vigilant about her health and had a smear screen in 2012.

Counsel said it was their case that the smear was allegedly misreported, and that if it had been properly reported, the cell changes would have been picked up and the woman may still be alive.

Ms McCrann said that in the months before the woman's death, she had contacted CervicalCheck asking about her 2012 smear sample, and her GP completed review forms. However, counsel said, the woman was not told before she died in July 2015 that a review in June 2015 had concluded there had been a misinterpretation of the original slide, and that the correct diagnosis should have been borderline changes which would have warranted a repeat smear in the following months.

The woman's husband had sued Clinical Pathology Laboratories Incorporated, with headquarters in Austin, Texas – which had checked the woman's cervical sample in 2012 – and the Health Service Executive (HSE) over the woman's death. Liability was denied in the case.

Ms McCrann told the court the case had settled after mediation. The matter was before the court for the approval of payments of €60,000 each to the two children and the division of the €35,000 statutory mental distress payment.

In the proceedings it was claimed the woman had a smear screen under the CervicalCheck screening programme which was sent to CPL Laboratories for testing. The woman was informed by letter from CervicalCheck in March 2012 that no abnormalities were detected.

In 2013 she suffered abnormal bleeding and was referred to a consultant, who recommended a hysterectomy. A 5cm tumour was identified on her cervix.

A scan in December 2013 showed cervical cancer, and the...