Ruth Morrissey would not be 'facing death sentence' if she was referred for colposcopy, court hears
Ruth Morrissey, who is terminally ill with cervical cancer, on the balance of probabilities would not have got cancer and be facing a death sentence if she had been referred for a colposcopy in 2009, the High Court heard today.
Leading cervical cancer expert Professor John Shepherd said it was correct to say Ms Morrissey who now has only two years to live should in 2009 have been referred for a colposcopy.
It is the third week of the 37-year old mother’s action against the HSE and two US laboratories over the alleged misreading of two of her cervical smear slides taken in 2009 and 2012 under the CervicalCheck screening programme.
Asked by Ms Morrissey ’s counsel, Jeremy Maher SC what would have been the likely findings of a colposcopy in 2009, Prof Shepherd said knowing a cancer was detected in Ms Morrissey in 2014, the balance of probabilities is there would have been a precancerous lesion there.
The consultant gynaecological oncologist has reviewed Ms Morrissey's case along with the scans she had earlier this year.
He told the court If she had been referred for a colposcopy biopsy specimens would have been taken and on the balance of probabilities it would have shown some degree of abnormality and he said there would be another procedure to remove the abnormality.
He thought on the balance of probabilities there would be a 5% chance of a recurrence and a 1% chance of invasive cancer developing.
“On the balance of probabilities she would not have got cancer and be facing a death sentence,’ Prof Shepherd told the court.
Cross-examined by Patrick Hanratty SC for the HSE, Professor Shepherd said Ms Morrissey's recurring cancer was bigger than anyone realised.
Mr Hanratty said the recurrence of Ms Morrisssey's cervical cancer was in February 2018 and he put it to the witness that the earliest a tumour could be detected was May 2017.
Prof Shepherd said he believed the tumour could be detected in scan imaging in early 2016.
Counsel for Quest Diagnostics Michael Cush SC suggested to the witness that precancerous cells were not present in 2009, Prof Shepherd answered: " I believe you are wrong."
Ruth 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.
It is further claimed a review of the 2009 and 2012 smears took place in 2014 and 2015 with the results sent to Ms Morrissey's treating gynaecologist in 2016, but she was not told until May 2018 of those review results which showed her smears were reported incorrectly.
The Morrisseys further contend that if Ms Morrissey had been told the results of the smear test audits in late 2014 or early 2015, she would have insisted on an MRI and other scans.
The HSE the court has already heard admitted it owed a duty of care to Ms Morrissey but not to her husband. The laboratories deny all claims.
The case before Mr Justice Kevin Cross continues.
