Woman with ovarian cancer sues amid claims she was given incorrect all-clear from breast cancer gene
A 52-year-old woman who claims she was given the incorrect 'normal' diagnosis for a breast cancer gene test eight years ago but is now seriously ill with ovarian cancer has sued in the High Court.
The woman, a health care professional who lives in the Dublin area found out in August this year she had late-stage ovarian cancer and she is currently undergoing treatment, but the High Court heard the prognosis is poor.
After developing and recovering from breast cancer in 2004, the woman later learned members of her family had a significant history of breast cancer and she had a genetic test in November 2009 for the BRCA 1 or BRCA 2 mutation gene which is linked to breast cancer.
The report from the testing laboratory it is claimed showed a pathogenic change of the BRCA 1 gene, but it is alleged in a letter sent to the woman and her treating doctor on January 27, 2010 it was incorrectly stated the breast cancer gene was normal.
The woman, whose youngest child is aged 10 has claimed she has suffered a loss of chance and the opportunity to take and seek medical advice to mitigate her risk of developing cancer.
She has further claimed if she had been made aware of the mutation and pathogenic change of the BRCA 1 gene, in January 2010 she would have undergone and taken all and any steps necessary to eliminate the possibility of cancer in the future.
The woman has brought an action against Our Lady's Children's Hospital, Crumlin, Dublin which provides genetic testing at its Genetics Department, formerly knows as the National Centre for Medical Genetics, Cooley Road, Crumlin, Dublin.
In the High Court today Richard Kean SC for the woman told the court that liability has been admitted by the Hospital but causation was still at issue. The woman he said is very seriously ill and the prognosis is very poor.
He said the case will take four or five days at trial and asked that it be specially fixed for a date in 2019. Mr Justice Kevin Cross set May 29 for the case to be heard.
It is claimed the Hospital had a duty of care to the woman and in particular in relation to the reporting, diagnosing and communication of the finding of November 17, 2009 of the mutated and pathogenic change in the BRCA 1 gene.
Genetic test
The woman also contends the result she received on January 27 2010, from her November 2009 genetic test was miscommunicated and misdiagnosed.
The woman in February 2004 was diagnosed with breast cancer and had a lumpectomy followed by chemotherapy and radiotherapy and made a full recovery.
Around 2007/2008 she became aware a member of her family had a significant history of breast cancer and it was decided she should be referred to Our Lady's Children's Hospital, Crumlin and the former National Centre for Medical Genetic Testing to see if she had the BRCA 1 or BRCA 2 cancer-linked gene.
If she had the gene mutation it is contended certain treatment including a hysterectomy would have to be considered.
The woman had the genetic test and it was sent to a laboratory in Birmingham.
It is claimed the lab report came back with a result which it said was consistent with the clinical diagnosis of familial breast and / or ovarian cancer.
On January 27, 2010, the woman got a letter in relation to the genetic testing which stated that "no alteration was identified" referring to the BRCA gene, but the laboratory report was not sent to the woman or her treating doctors.
In May 2018 the woman experienced a deterioration in her health, was losing weight and had a loss of appetite. On the August bank holiday 2018 she had pain in her left side and a CT scan showed up a 5cm ovarian tumour.
On August 11, 2018, the woman received the diagnosis that she had extensive late-stage cancer and urgent treatment was required.
The woman was also advised that her overall chances of survival were in the low percentage regions.
This shock diagnosis and prognosis it is claimed has caused the woman and her family severe profound and extreme psychological stress, distress and trauma.
In October of this year, the woman's medical team sought all records in relation to her genetic testing, including the lab report of November 2009.
It is claimed that it was then discovered by her for the first the reporting, diagnosis and communication given in the January 2010 letter that there was no mutation and or pathogenic change in the BRCA gene was it is claimed manifestly incorrect, wrong and false.
