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Family of Dingle woman settles legal action over cervical smear slides

Feb 25, 2021 13:02 By radiokerrynews
Family of Dingle woman settles legal action over cervical smear slides Family of Dingle woman settles legal action over cervical smear slides
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The family of a Dingle woman has settled a High Court action over her cervical smear slides. Mr Justice Kevin Cross has been told that

The family of a Dingle woman has settled a High Court action over her cervical smear slides.

Mr Justice Kevin Cross has been told that the action which had been continued by her son and daughter when Joan Lucey died last week has been resolved.

The 73-year-old had cervical cancer.

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Mrs Lucey from Cooleen, Dingle died last Friday just hours after the HSE and two laboratories pledged to begin mediation towards resolving the case.

Joan Lucey's lawyers had gone to court twice pleading for mediation to begin as the Dingle woman was on her deathbed.

Mediation had continued after her death but the High Court was told yesterday it had been unsuccessful.

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In court today, the Lucey family's senior counsel Oonah McCrann instructed by Aisling Maher of Cantillons solicitors told the court the case had been resolved.

She said the case will come back before the court on March 4th when the settlement can be approved.

It's understood the settlement is without an admission of liability. The details of the settlement are confidential.

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Mr Justice Cross congratulated all sides and the mediator on reaching a settlement.

On their mother's death, Mrs Lucey's son Sean and daughter Sinead had taken over the legal action against the HSE and two laboratories over her 2011 smear tests, as they are the executors of her will.

Joan Lucey had sued the HSE, Clinical Pathology Laboratories Incorporated  (CPL)with headquarters in Austin, Texas and  MedLab Pathology Ltd with registered offices at Sandyford Business Park, Dublin.

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She sued in relation to the alleged, misreading or misinterpretation or misreporting  of her cervical smears taken in February and August 2011.

It was claimed that notwithstanding undergoing regular smear tests as advised, cytological cell changes in Mrs Lucey were allegedly allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in July 2019.

All the claims were denied.

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Clinical Pathology Laboratories (CPL) had also joined as a third party in the proceedings consultant obstetrician  Dr Mary McCaffrey of The Scotia Clinic, Tralee , Co Kerry. CPL had claimed there was an alleged failure to assess or investigate Mrs Lucey when she attended the clinic on April 29 2011 and it was claimed  it resulted in an alleged missed opportunity to diagnose preinvasive disease.

All the claims were denied.

 

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