Woman with breast and cervical cancer waives anonymity in High Court cervical smear action

A 37-year old mother who has breast and cervical cancer has launched a High Court action over alleged misinterpretation of two cervical smears tests as part of the CervicalCheck screening programme.

Woman with breast and cervical cancer waives anonymity in High Court cervical smear action

By Ann O'Loughlin

A 37-year old mother who has breast and cervical cancer has launched a High Court action over alleged misinterpretation of two cervical smears tests as part of the CervicalCheck screening programme.

Ruth Morrissey who may only have between one to two years to live, the court heard wished an order granting her anonymity and confidentiality to be lifted.

Ms Morrissey and her husband Paul Morrissey of Kylemore, Schoolhouse Road, Monaleen, Co Limerick said through their counsel Jeremy Maher SC that they wanted to ensure Ms Morrissey's remaining time was as comfortable as possible and that her daughter's future was protected.

Mr Justice Kevin Cross had ruled the case should go ahead after he turned down an application by the two laboratories being sued for an adjournment of the case to October or November.

The adjournment application followed news that Ms Morrissey had a CT scan this week and there is an improvement in her symptoms and she may now be a candidate for radical radiotherapy treatment which could improve her prognosis.

Opening the case Jeremy Maher SC instructed by solicitor Cian O’ Carroll said aggravated and exemplary damages are also being claimed in the action by the couple who have a seven year old daughter.

Counsel said Ms Morrissey’s 2009 smear was tested by the US Laboratory Quest Diagnostics and her 2012 smear was tested by the Medlab Dublin laboratory. Counsel said the evidence from their side will be that the smears were “ incorrectly and negligently reported.”

Counsel said the results of the reviews of the 2009 and 2012 smears of Ms Morrissey were carried out and conveyed to her treating gynaecologist in 2016, but Mrs Morrissey was not give the review results until May this year, when she already had a cervical cancer recurrence.

The Morrisseys, he said asked why had she not been told and they wonder who decided not to tell them.

Counsel said experts on their side will say if the cervical smear on 2009 had been correctly reported she would have been referred for a colposcopy which would have disclosed pre cancerous cells and she may not have developed cervical cancer in 2014 which recurred this year.

Counsel said Ms Morrissey should never have developed cancer in 2014 or have had a recurrence and she is being deprived of seeing her daughter grow up and of an opportunity to live the life she had hoped.

Mrs Morrisey he said wants to know why she was not told of the results of the reviews carried out in 2014 and 2015. The HSE Counsel said admitted it owed a duty of care to Ms Morrissey but not to her husband and it admits the results of the reviews should have been made known to Mrs Morrissey. The laboratories deny all claims.

Ms Morrissey and her husband Paul have sued the HSE and the US laboratory Quest Diagnostics Ireland Ltd with offices at Sir John Rogerson's Quay, Dublin along with Medlab Pathology Ltd with offices at Sandyford Business Park, Dublin 18.

On August 18, 2009 Ms Morrissey had a cervical smear test as part of the national screening programme. The cervical sample was sent to a cytopathology laboratory operated by Quest Diagnostics and it came back negative with a recommendation for a routine recall.

In a letter from the HSE in September 2009,Ms Morrissey was advised the smear test detected no abnormalities.

On August 8 2012, she had another smear test under the national screening programme. That smear test was sent to a Medlab Pathology laboratory and Ms Morrissey was told by HSE letter in September 2012 no abnormalities had been detected.

On May 2014, Ms Morrissey went to her GP complaining of bleeding and she was referred for an urgent colposcopy.

She was subsequently in June 2014 diagnosed as having cervical cancer.

It is claimed that unknown to Ms Morrissey reviews were carried out of the prior cervical screening.

A July 2014 review of the Ms Morrissey's 2009 sample showed the original result was incorrect but this it is claimed was not communicated to Ms Morrissey.

A review in October 2014 of her 2012 smear sample showed the original result was incorrect but it is claimed she was not told.

It is further claimed another review took place in 2015 of her 2012 smear sample which showed the original result was incorrect.

On June 16, 2016 it is claimed Ms Morrissey's treating consultant was advised as to the outcome of the 2009 and 2012 smear sample reviews.

Ruth Morrissey at the High Court today. Photo: CourtPix
Ruth Morrissey at the High Court today. Photo: CourtPix

Ms Morrissey complained of lower back pain and sciatica in October 2017 and an MRI examination followed by a PET CT scan in February 2018 confirmed a recurrence of cervical cancer and also revealed a lesion in her left breast.

In March 2018, Ms Morrissey was diagnosed with cancer in her left breast.

She was advised on May 3, 2018 by her consultant that the reviews carried out of her 2009 and 2012 smears showed the smears were reported incorrectly.

It is claimed that there was an alleged failure to correctly report and diagnose and there was an alleged misinterpretation of her smear samples. A situation it is claimed allegedly developed where her cancer spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2014.

In evidence Ruth Morrissey told the court her 7 year old daughter, Libby is aware of the situation and asked her would she have to live with somebody else if her mother passed away. Ms Morrissey said it was the most difficult conversation she ever had with her daughter. She broke down as she said she told her daughter she could not promise she was not going

to pass away , but she would promise to fight as hard as she could to live for her.

Ms Morrissey said when she got a call to tell her that she was one of the women whose smear tests had been the subject of a review, her heart sank. She said this was the third blow. The first blow was the cervical cancer and the breast cancer was the second blow.

The case before Mr Justice Kevin Cross continues tomorrow.

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