Update: Couple at centre of cervical smear case says mediation a 'sham'

The couple at the centre of the latest cervical cancer misdiagnosis case before the High Court have described their mediation last week as a "sham".

Update: Couple at centre of cervical smear case says mediation a 'sham'

Update: The couple at the centre of the latest cervical cancer misdiagnosis case before the High Court have described their mediation last week as a "sham".

Ruth and Paul Morrissey from Monaleen in Limerick said the State showed no interest in resolving their case.

They said that the State has had four chances to do so since Monday and has chosen not to.

The couple were reacting to a statement from the State Claims Agency which said it wants to resume mediation with Ruth Morrissey following unsuccessful talks earlier this week.

In a statement, the State Claims Agency said it is committed to using mediation to avoid going to court but said an attempt earlier this week failed to resolve this particular case.

Earlier: State Claims Agency seeks mediation to be resumed in Ruth Morrissey case

The State Claims Agency says it wants to resume mediation with Ruth Morrissey following unsuccessful talks earlier this week.

Ther High Court heard today that the 37-year old mother, who has cancer and is suing over the alleged misinterpretation of her cervical smears, feels "let down".

Her case is the second of its kind to go to hearing but there are many more waiting in the wings.

In a statement, the State Claims Agency said it is committed to using mediation to avoid going to court but said an attempt earlier this week failed to resolve this particular case.

    Here is the statement in full:
  • The State Claims Agency (SCA) is committed to expediting resolution of all cervical cancer misdiagnosis cases in a sensitive manner, working co-operatively with the co-defendant laboratories, utilising mediation as an alternative to a formal court hearing, and placing a high priority on treating the people who have made the claims, and their families, with dignity and compassion.
  • The HSE is a named co-defendant in the Ruth Morrissey case alongside two laboratories, Quest Diagnostics and Medlab. The SCA is managing this case on behalf of the HSE in accordance with its statutory role.
  • The SCA is not acting on behalf of the co-defendant laboratories, which have separate legal representation.
  • An attempt earlier this week to resolve this case through mediation was unsuccessful. The SCA seeks to resolve claims through mediation wherever possible.
  • The SCA has admitted liability in respect of the non-disclosure of the audit of Ms Morrissey’s smear tests. However, neither of the laboratories has admitted liability in respect of the smear tests they assessed.
  • In line with the SCA’s policy of resolving claims through mediation where possible and the principles outlined by the Government in May, the SCA has today written to the two laboratories requesting that they join the SCA in resuming mediation talks as soon as possible with Ms Morrissey’s legal team.
  • The SCA believes that mediation, which avoids the difficult and adversarial environment that a court hearing involves, provides the best route for a resolution without adding to the considerable distress and trauma that Ms Morrissey and her family have already suffered.

Stephen Donnelly
Stephen Donnelly

Meanwhile, Fianna Fáil's Health Spokesperson has said the Taoiseach made false promises to the victims of the Cervical Check scandal.

Stephen Donnelly says Leo Varadkar needs to admit if he can't keep his pledge to ensure none of the women who had a false negative smear test will have to go through court proceedings.

“On April 14, Minister Harris during a press conference promised that no woman affected by the scandal would have to go to court.

“The Taoiseach also made this promise while being interviewed on the Six One news and also during a debate on the matter in the Dáil.

“Since these promises were made, Emma Mhic Mhathúna has been forced to go to court at least four times. This week saw Ruth Morrissey in court. During her appearance, Ms Morrissey said that she didn't think she'd have to give evidence in a court.

“In light of the clear promise made by the Taoiseach and Minister for Health, why would she believe any different? Instead, she had to sit in court, listening to legal arguments challenging her diagnosis."

“I’m calling on the Taoiseach and the Minister to keep their promise and ensure that no more women have to go to the courts or admit that their promises were empty gimmicks in the pursuit of damage limitation on behalf of the Government," he said.

In a statement, the Minister for Health says he does not want to see any case end up in court and that mediation is offered in each case.

Digital Desk

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