Over €1m is to be lodged in the High Court to purchase a home for Emma Mhic Mhathúna’s children, a judge directed today.
Mr Justice Kevin Cross, who also made orders directing that the rest of Ms Mhic Mhathúna’s €7.5m award be lodged in court, was told that it had been decided to put off the purchase of the house at the moment.
Counsel for the five children, Patrick Treacy SC, told the court it had been decided by the grandfather of the five children, who are all currently living in Kerry, to park the question of a property purchase as the family grieve and deal with the trauma of what has happened.
Mr Justice Cross said he understood the family might not want to purchase a house at the moment but he ordered the €1m be kept in court pending the future purchase of a house.
Mr Peter Duffy, who is the grandfather of the children, has given up his job as a financial advisor to look after the children with his wife, who has given up her job as a nurse, the court heard.
Mr Justice Cross praised the Mhic Mhathúna legal team for their work in behalf of the Mhic Mhathúna family.
Emma Mhic Mhathúna, who last June settled for €7.5m her action over her CervicalCheck smears, was buried earlier this month after losing her battle to cancer which had spread to her brain.
Last July, the court heard Ms Emma Mhic Mhathúna was to move near Dublin where she is receiving medical treatment. At that time, Mr Justice Kevin Cross directed that a further €650,000 be released to the 37-year-old mother of five so she has a fund of €1.75m to buy a house near the capital.
Liability was also admitted in the case by the HSE and US laboratory Quest Diagnostics Incorporated.
Letters of apology from the HSE and Quest were also be sent to Ms Mhic Mhathúna.
Patrick Treacy SC, for Ms Mhic Mhathúna, instructed by Cian Carroll, solicitor at the time, said the admission of liability by the HSE related to a failing to disclose the finding of cervical cancer. Quest Diagnostics admitted misreading her two cervical smear slides in 2010 and 2013.
The settlement followed mediation talks.