Woman seriously ill with cancer resumes High Court case over alleged misreading of cervical smears
Limerick woman Ruth Morrissey who is seriously ill with cancer today resumed her High Court action over an alleged misreading of her cervical smears.
The 37-year old mother is expected to give evidence later today in the case which Mr Justice Kevin Cross heard could last six weeks.
Ms Morrissey and her husband Paul are suing over cervical smears taken under the CervicalCheck screening programme in 2009 and 2012.
When the case re-opened before Mr Justice Cross today after being adjourned last July, the Morrisseys counsel, Jeremy Maher SC updated the court on the mother’s condition.
Counsel said separately Ms Morrissey was diagnosed with breast cancer and had a double mastectomy in November last year. Mr Maher said the 37-year old’s prognosis would be excellent but for cervical cancer.
Counsel handed in a letter from Ms Morrissey’s treating consultant in relation to cervical cancer who reported that after scans and an MRI this month it has shown disappointing results. Despite chemotherapy and radiotherapy, there was a concern that the symptoms have returned.
Counsel said Ms Morrissey suffers from pelvic pain and the prognosis he said remains “ very guarded.”
He told the judge the young mother has had 25 sessions of radiotherapy and chemotherapy and now suffers from chronic pain and fatigue.
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 and it admits the results of her smear reviews should have been made known to Ms Morrissey. The laboratories deny all claims.
The case opened last July when the Morrisseys gave evidence to the court.
Mr Maher SC today told the judge it was 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 audits in late 2014 or early 2015, she would have insisted on an MRI and other scans.
“There was an opportunity to detect an occurrence of a 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 in an MRI and scans in 2015, “ he said.
HSE Counsel Patrick Hanratty SC objected to the widening of the case.
Mr Justice Cross ruled the case should proceed on its expanded basis. The case he said had had to proceed and it would be grossly unfair if it did not.
The case before Mr Justice Kevin Cross continues.
