'I am not frightened to die, but I don’t want to,' woman suing over cervical smears tells court
A 37-year old mother with cancer who is suing over the alleged misinterpretation of two of her cervical smears tests today told the High Court she is not frightened to die, but she does not want to.
Ruth Morrissey who has cervical and breast cancer and may only have between one to two years to live said the news of her prognosis was devastating.
"You have to dig really deep. You are not going to be the same person. I am not frightened to die, but I don’t want to," she said on the second day of her case.
Ms Morrissey and her husband Paul Morrissey of Kylemore, Schoolhouse Road, Monaleen, Co Limerick 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.
It is claimed there was an alleged failure to correctly report and diagnose and there was an alleged misinterpretation of her smear samples taken in 2009 and 2012. A situation it is claimed allegedly developed where Ms Morrissey’s cancer spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2014.
The HSE the court has heard 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 Ms Morrissey. The laboratories deny all claims.
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 given the review results until May this year, when she already had a cervical cancer recurrence. Ms Morrissey was also diagnosed with breast cancer earlier this year.
Counsel said experts on their side will say if the cervical smear of 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.
Ms Morrissey’s husband Paul broke down in the High Court today as he told how at bedtime he has heard his daughter Libby ask her mother not to die.
"You hear her at bedtime say Mammy, don’t die, don’t leave me. It is devastating," he said.
He told the court he and his wife do everything together.
‘She is not only my wife. She is my best friend,’ he told Mr Justice Kevin Cross.
He said his wife had been given a death sentence and he feels anxious and completely stressed all the time.
"My wife should not be in this situation. She is beautiful inside and outside."
He told the judge but for the media and publicity around CervicalCheck smears, they would not have found out what happened.
"I am devastated to think Ruth is not going to see her daughter make her communion, confirmation and marry, it is soul destroying and heartbreaking.”
The case before Mr Justice Kevin Cross continues.
