High Court reporters
The sisters of a Waterford woman who died of cervical cancer 10 years ago have settled a High Court action against the HSE.
Accounting technician, Mary Walsh of Waterford city, was only 39 years of age when she died of cancer just months after she was diagnosed with Stage 4 cervical cancer.
Her sisters had sued claiming there was an alleged failure to properly and correctly interpret or report Ms Walsh’s smear sample taken on November 18th, 2008, under the national screening programme. It was further claimed there was an alleged failure to diagnose or report that the smear sample was abnormal.
All of the claims were denied by the HSE.
The family’s counsel, Jeremy Maher SC instructed by Cian O’Carroll solicitors, told the High Court it was a truly tragic case and Mary Walsh was only 39 years when she died in December 2015.
Counsel said that Ms Walsh was not diagnosed with cancer until June of that year and it was Stage 4 cervical cancer and she died soon after.
He said the case was a complex one and centred on a smear test taken under the national screening programme in 2008. Counsel said a full defence was entered in the case.
The terms of the settlement are confidential and the case was before the court for the division of the statutory mental distress €35,000 payment.
Patricia Carey, Kilmeaden, Co Waterford, and Julie Keyes of Tramore, Co Waterford, had sued the HSE.
In the proceedings it was claimed that Ms Walsh in November 2008 had a cervical smear test as part of the national cervical screening programme. The sample was reported as negative and a repeat smear in three years was advised.
In June 2013, Ms Walsh had a repeat smear test and the result came back reporting the sample as inadequate with a repeat smear advised in three months.
It was claimed that in April 2014 Ms Walsh had a further repeat smear and this was reported as negative with another smear in three years’ time advised.
In June 2015, Ms Walsh was diagnosed with Stage 4 cervical cancer and she died on December 11th, 2015.
A later HSE review of the smear samples upheld the original findings for the 2013 and 2014 slides but it is claimed the smear slide of November 2008 was not reviewed.
There was also it was claimed an alleged failure to care for Ms Walsh in a proper skilful, diligent and careful manner and an alleged failure to use reasonable skill care and judgement when reviewing her smear sample taken on November 2008.
Ms Walsh it was contended that been deprived of the opportunity of timely and effective investigation and management of her condition and been allegedly deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment.
It was further claimed there was an alleged failure to advise Ms Walsh’s sisters of the outcome of the review of their sister’s smear samples.
A situation it was claimed was caused where Ms Walsh’s cervical smear sample taken in November 2008 was allegedly misdiagnosed or misreported and there was an alleged failure to ensue any proper adequate or effective system of monitoring supervision or overview of the woman and her condition.
Her cancer it was contended was allegedly allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2015.
Mr Justice Paul Coffey extended his deepest sympathy to Ms Walsh’s family on what he said was a tragic case.
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