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Mediation to start next Tuesday in case involving Dingle woman with terminal cancer

Feb 19, 2021 17:40 By radiokerrynews
Mediation to start next Tuesday in case involving Dingle woman with terminal cancer
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Mediation talks will start next Tuesday in a case involving a Kerry woman who has terminal cancer. Today in the High Court, Joan Lucey from

Mediation talks will start next Tuesday in a case involving a Kerry woman who has terminal cancer.

Today in the High Court, Joan Lucey from Cooleen, Dingle was given a commitment from the HSE and two laboratories that they will attend the talks.

Mediation will also involve a third party joined in the proceedings by Clinical Pathology Laboratories Incorporated (CPL) whcih has headquarters in Austin, Texas.

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Mrs Lucey is suing the HSE, CPL, and MedLab Pathology Ltd which has registered offices at Sandyford Business Park, Dublin.

CPL has also joined as a third party in the proceedings consultant obstetrician Dr Mary McCaffrey of the Scotia Clinic, Tralee.

73-year-old Joan Lucey is suing in relation to the alleged misreading or misinterpretation or misreporting of her cervical smears taken in February and August 2011.

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

All claims are denied.

Mr Justice Kevin Cross, who'd urged mediation in previous hearings, told all parties to attend a remote hearing of the High Court today.

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Yesterday, the judge was told by Joan Lucey's counsel that the HSE weren't prepared to enter into direct mediation talks without the other parties present.

Previously, the court had also heard that the laboratories were baulking at engaging in mediation until a third party issue had been resolved.

Mrs Lucey's legal team had pleaded in court twice for mediation to begin for their client whom they said was on her death bed.

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Mediation towards resolving the action of Mrs Lucey will begin next Tuesday afternoon.

All the defendants, along with the third party, confirmed today to Mr Justice Cross that they will attend.

The judge wished all sides success in the mediation which he described as a "a quite difficult endeavour".

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