Limerick woman sues over cervical smears

Ruth Morrissey and her husband Paul Morrissey of Kylemore, Schoolhouse Road, Monaleen, Co Limerick the court heard wished the order relating to confidentiality and not naming the family be lifted after Mr Justice Kevin Cross ruled the case should go ahead.

This followed an application by the two laboratories being sued for an adjournment of the case to October or November.

The adjournment application followed news that Ms Morrissey had a CT scan this week and there is an improvement in her symptoms and she may now be a candidate for radical radiotherapy treatment which could improve her prognosis.

Opening the case Jeremy Maher SC for Ms Morrissey 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 “ negligently reported.”

Ms Morrissey and her husband 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. Liability is seriously in issue in the case, the court previously heard.

On August 18, 2009 Ms Morrissey had a cervical smear test as part of the national screening programme. The laboratories tested the cervical smears of Irish women taken under the national screening programme.

The cervical sample was sent to a cytopathology laboratory operated by Quest Diagnostics and it came back negative with a recommendation for a routine recall.

In a letter from the HSE in September 2009, Ms Morrissey was advised the smear test detected no abnormalities.

On August 8 2012, she had another smear test under the national screening programme. That smear test was sent to a Medlab Pathology laboratory and Ms Morrissey was told by HSE letter in September 2012 no abnormalities had been detected.

On May 2014, Ms Morrissey went to her GP complaining of bleeding and she was referred for an urgent colposcopy.

She was subsequently in June 2014 diagnosed as having invasive squamous carcinoma of the cervix and had different surgical procedures after that.

It is claimed that unknown to Ms Morrissey reviews were carried out of the prior cervical screening.

A July 2014 review of Ms Morrissey's 2009 sample showed the original result was incorrect but this it is claimed was not communicated to her.

A review in October 2014 of her 2012 smear sample showed the original result was incorrect but it is claimed Ms Morrissey was not told.

It is further claimed another review took place in 2015 of Ms Morrissey's 2012 smear sample which showed the original result was incorrect.

On June 16, 2016 it is claimed Ms Morrissey's treating consultant was advised as to the outcome of the 2009 and 2012 smear sample reviews.

The final review opinion of the 2009 sample was "atypical glandular cells" and the final review opinion of the 2012 sample was "atypical squamous cells of undetermined significance."

Ms Morrissey complained of lower back pain and sciatica in October 2017 and an MRI examination followed by a PET CT scan in February 2018 confirmed a recurrence of cervical cancer and also revealed a lesion in her left breast.

In March 2018, Ms Morrissey was diagnosed with cancer in her left breast.

She was advised on May 3, 2018 by her consultant that the reviews carried out of her 2009 and 2012 smears showed the smears were reported incorrectly.

It is claimed that there was an alleged failure to correctly report and diagnose and there was an alleged misinterpretation of Ms Morrissey's smear samples. A situation it is claimed allegedly developed where her cancer spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2014.

It is further claimed she was deprived of the opportunity of timely and effective investigation and management of her condition and was allegedly deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment.

It is claimed that by virtue of the alleged delay in diagnosis Ms Morrissey has lost the opportunity of cure and her life expectancy has been severely impaired and is limited to months rather than years.

She has also it is claimed required more extensive treatment than would have been required had her 2009 and 2012 slides been correctly reported on.

The claims are denied and court previously heard liability is seriously in issue in the case.