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Family of woman who died of cervical cancer settles lawsuit over smear test results – Irish Times

Family of woman who died of cervical cancer settles lawsuit over smear test results – Irish Times

 


The family of a 41-year-old woman who died three years after her cervical smear was reported as normal has settled a High Court case over her death.

Judge Paul Coffey said the woman, who cannot be named by court order, endured excruciating pain before her death nine years ago.

The family's senior lawyer, Oona McClain, who was instructed by Cantillon and others, told the court the woman had been careful about her health and had undergone a smear test in 2012.

Lawyers say it is their contention that the smear was allegedly misreported, and that if it had been properly reported, cellular changes could have been detected and the woman could still be alive. Stated.

Ms McClain said she had contacted CervicalCheck several months before the woman's death to ask about the 2012 smear and that her GP had completed a review form. However, lawyers argued that until the woman died in July 2015, a reexamination in June 2015 concluded that the original slides had been misinterpreted and that the correct diagnosis was a borderline change that warranted reexamination. He said he was not informed of what should have been. I will smear it in the next few months.

The woman's husband had sued the Austin, Texas-based clinical pathology laboratory that tested the woman's cervical sample in 2012 and the Health Services Executive (HSE) over her death. The lawsuit denied liability.

Makran told the court that the case was resolved through mediation. The matter was before the court, seeking approval for payments of €60,000 each to the two children and a split of €35,000 for statutory mental distress.

In court proceedings, it was claimed that the woman had undergone a smear screen under the CervicalCheck screening program and was sent to CPL Laboratories for testing. The woman was informed by a letter from CervicalCheck in March 2012 that no abnormalities were detected.

In 2013 she experienced irregular bleeding and was referred to a consultant who recommended a hysterectomy. A 5cm tumor was found in her cervix.

A test in December 2013 revealed cervical cancer, and the woman underwent radiation therapy, chemotherapy and brachytherapy.

In March 2014, a small amount of persistent cervical cancer was discovered, and the woman continued to experience severe pain. It was later determined that she had residual metastatic disease.

In August 2014, the woman was told that imaging tests raised concerns that her disease had returned, and palliative chemotherapy was recommended in December 2014.

The woman remained hopeful and traveled abroad to undergo a type of chemotherapy treatment. However, her condition continued to worsen and in April 2015 she was hospitalized and she underwent conventional palliative chemotherapy.

It was claimed that she continued to suffer from progressive severe debilitating pain.

A scan in June 2015 revealed the tumor had increased in size to 9.5cm, and later that month she suffered a fatal arterial hemorrhage. She was resuscitated with 35 units of blood and admitted to the intensive care unit. Although her palliative treatment continued, the woman's condition worsened and she died in late July 2015.

In 2018, as the media covered the Vicky Phelan case, the woman's husband was called to a meeting where he learned that the 2012 smear had been misinterpreted and that if it had been interpreted correctly, his wife would have been sent. It was claimed that Had the smear test been repeated 6 months later, a referral would likely have been obtained and an earlier diagnosis of cancer would have been made.

Sources

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2/ https://www.irishtimes.com/crime-law/courts/2024/04/25/family-of-woman-who-died-of-cervical-cancer-settles-case-over-smear-results/

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