A 73-year-old woman on her deathbed with terminal cervical cancer who has pleaded for mediation with the HSE in her legal action over her smear slides is only being offered “hollow sympathy” , the High Court has been told.
“All Joan Lucey is being offered on her deathbed is sympathy. It is hollow sympathy,” her counsel told the High Court as she explained that the HSE won’t take up an invitation to direct mediation talks in advance of the action going ahead next week.
Mr Justice Kevin Cross today urged mediation to take place in the case of Mrs Lucey from Kerry.
Take instructions
The judge said the parties should take instructions at the highest level to see if the case of Joan Lucey can be resolved through mediation.
Retired Kerry nurse Joan Lucey has sued the HSE and two laboratories and her case is set to go ahead before the High Court late next week.
The latest development comes after the widow through her lawyers in court made yet another plea to the HSE to attend mediation talks directly with her and said a mediator is on standby.
It follows a week after the grandmother first went public with her plight and as fears grow a large part of her case may die with her.
Terminal cancer
Joan Lucey, who has terminal cervical cancer the High Court heard today, is on her deathbed, and it was very difficult to explain to her why the HSE won’t accept the invitation to sit down with her legal team and mediate the case next Tuesday. The HSE wants the other parties at the table as well.
“She is on her deathbed. It is simply cruel,” her counsel Oonah McCrann instructed by Aisling Maher of Cantillons solicitors told a remote court hearing.
Counsel added: “ It is incomprehensible Mrs Lucey needs to know whether the case is going to mediation next Tuesday or does she have to face a trial.”
The court has previously heard the laboratories are baulking at engaging in mediation until a third party issue has been resolved.
Written to HSE
Ms McCrann pointed out today Mrs Lucey’s legal team has written to the HSE and the laboratories involved seeking confirmation that Mrs
Lucey’s claim for general damages would survive her if she dies before the conclusion of her case.
Counsel said the HSE will only agree to give the confirmation if the other parties also agree.
Mr Justice Kevin Cross put the case in for mention before the court tomorrow, to see if the matter can be progressed.
Mrs Lucey of Cooleen, Dingle, Co Kerry has sued the HSE, Clinical Pathology Laboratories Incorporated (CPL) with headquarters in Austin, Texas, USA and MedLab Pathology Ltd with registered offices at Sandyford Business Park, Dublin.
She has sued in relation to the alleged, misreading or misinterpretation or misreporting of her cervical smears taken in February 2011 and August 2011.
Clinical Pathology Laboratories has also joined as a third party in the proceedings consultant obstetrician Dr Mary McCaffrey of The Scotia Clinic, Tralee , Co Kerry.
All the claims are denied.
