'It is heartbreaking, terrifying and unimaginable' - husband of cervical cancer victim Ruth Morrissey tells High Court
The husband of Ruth Morrissey who has cervical cancer today told the High Court it has been extremely tough for his family and it is like there is a dark cloud over them.
Paul Morrissey who was giving evidence after the court was told Ruth's scan results this month are very disappointing and his wife's prognosis remains "very guarded " said: "It is like a bad dream you can't wake up from."
He added: "Just imagine if it was your wife, the love of your life, it seems to be one thing after another. It is heartbreaking, terrifying and unimaginable."
Mr Justice Kevin Cross was hearing evidence in the resumed hearing of the action taken by Ruth and Paul Morrissey from Limerick over the alleged misreading of her cervical smears.
The 37-year-old mother and her husband Paul are suing over cervical smears taken under the CervicalCheck screening programme in 2009 and 2012.
Ms Morrissey told the court she has asked about surgery after her cervical cancer recurred last year and she had undergone radiotherapy and chemotherapy treatment, but she has been told it is not possible
"It is tough at home. With so much radiotherapy and chemotherapy. We thought I had a chance of getting through," she said. She told the court if she had known in 2015 and 2016 the results of the review of her smear slides which showed her smears were reported incorrectly then she would have asked for more scans.
Ms Morrissey, who was told of the review results in May last year, said she had attended her consultant in November 2014, three times in 2015 and twice in 2016 and twice in 2017.
"If I had known in 2015 and 2016 I would have absolutely asked for more scans and better surveillance. If they said no, I would have gone private," she added.
When the case re-opened before Mr Justice Cross today after being adjourned last July, Counsel for the Morrisseys Jeremy Maher SC, updated the court on the mother’s condition.
Counsel said Ms Morrissey was separately diagnosed with breast cancer and had a double mastectomy in November last year. Mr Maher said her prognosis would be excellent, but for the cervical cancer.
Counsel handed in a letter from Ms Morrissey’s treating consultant for cervical cancer who reported that after scans and an MRI this month it has shown disappointing results. Despite chemotherapy and radiotherapy, there is a concern that the symptoms have returned.
Counsel said Ms Morrissey suffers from pelvic pain and the prognosis, he said, remains “very guarded.”
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 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.
Mr Maher SC said it was also their case in relation to the 2012 smear that the number of cells on the slide being examined were allegedly inadequate. The Morrissey side now also contends that if Ms Morrissey had been told the results of the smear test reviews in late 2014 or early 2015, Ruth Morrissey would have insisted on an MRI and other scans.
“There was an opportunity to detect an occurrence of the tumour at an earlier stage. You would have the probability of life rather than the probability of death, “ Mr Maher said
“We are now dealing with the probability of death. If Ruth Morrissey was made aware of the facts and results of the audits she would have insisted on an MRI and scans in 2015."
HSE Counsel Patrick Hanratty SC objected to the widening of the case. The Morrissey side argued the HSE knew of the issue since a medical report referred to it last September. Mr Maher said his side only became aware this month of the report which indicated had the reoccurrence of cancer been identified in late 2015 or 2016 it would have been small and amenable to treatment including surgery.
Mr Justice Cross ruled the case should proceed on its expanded basis. The case, he said, had to proceed and it would be grossly unfair if it did not.
The case before Mr Justice Kevin Cross continues tomorrow.
