Ruth Morrissey's legal team felt 'ambushed' over US lab's attempt to introduce microscopic evidence
The legal team representing Ruth Morrissey who is suing over the alleged misreading of her CervicalCheck smear slides today claimed in the High Court they had been "ambushed" in an attempt by US laboratory Quest Diagnostics to introduce microscopic evidence in the case.
Patrick Treacy SC for Ms Morrissey who has terminal cervical cancer and less than two years to live told the court the Morrissey side were only told at the end of last week that an expert witness on behalf of Quest Diagnostics was to make use of a laboratory microscope which had been set up in the High Court for the hearing.
Mr Treacy said it was "grossly unfair" and the Morrissey legal team felt "ambushed" as such microscopic evidence, he said, was not put to their expert witness, consultant cytopathologist Dr Michael McKenna when he took the witness stand weeks ago.
It was, counsel said, a "classic ambush."
He added the reading of Ruth Morrissey's smear slides was the cornerstone issue in the case. He said the Morrissey legal team did not have their expert in court today and felt "completely ambushed".
Michael Cush SC for Quest Diagnostics said the substance of the microscopic evidence had been put to Dr McKenna in cross-examination and the expert witness on the Morrissey side, he said, "chose not to bring his microscope" to court.
Ruling not to allow the microscopic evidence, Mr Justice Cross said he did not think it would be fair to bring it in at this stage and the Quest Diagnostics expert witness, Dr Robert Marshall Austin, who is Medical Director of Cytopathology at Magee Women's Hospital in Pittsburgh, Pennsylvania, could give evidence as per his reports in the case.
Later, after Dr Austin began his evidence, the case was adjourned on the application of Quest Diagnostics. He will resume his evidence on Friday.
At one stage today, Mr Justice Kevin Cross, who has started his third week hearing evidence, said he had been told that the case would take until the end of March and he hoped to give his judgment before Easter, but that was not now looking likely.
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. The laboratories deny all claims.
The case before Mr Justice Kevin Cross continues.
