Courts

Family of woman who died of cervical cancer settles case over smear results

Woman endured excruciating pain before her death nine years ago, court hears

High Court: The family of a woman who died after her cervical smear sample was reported as showing no abnormalities has settled an action over her death. Photograph: The Irish Times
High Court: The family of a woman who died after her cervical smear sample was reported as showing no abnormalities has settled an action over her death. Photograph: The Irish Times
Thu Apr 25 2024 - 19:09

The family of a 41-year-old woman who died three years after her cervical smear sample was reported as showing no abnormalities has settled a High Court action over her death.

The woman, who cannot be named by order of the court, endured excruciating pain before her death nine years ago, Mr Justice Paul Coffey was told.

The family’s senior counsel, Oonah McCrann, instructed by Cantillons Solicitors, told the court the woman was vigilant about her health and had a smear screen in 2012.

Counsel said it was their case that the smear was allegedly misreported, and that if it had been properly reported, the cell changes would have been picked up and the woman may still be alive.

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Ms McCrann said that in the months before the woman’s death, she had contacted CervicalCheck asking about her 2012 smear sample, and her GP completed review forms. However, counsel said, the woman was not told before she died in July 2015 that a review in June 2015 had concluded there had been a misinterpretation of the original slide, and that the correct diagnosis should have been borderline changes which would have warranted a repeat smear in the following months.

The woman’s husband had sued Clinical Pathology Laboratories Incorporated, with headquarters in Austin, Texas – which had checked the woman’s cervical sample in 2012 – and the Health Service Executive (HSE) over the woman’s death. Liability was denied in the case.

Ms McCrann told the court the case had settled after mediation. The matter was before the court for the approval of payments of €60,000 each to the two children and the division of the €35,000 statutory mental distress payment.

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

In 2013 she suffered abnormal bleeding and was referred to a consultant, who recommended a hysterectomy. A 5cm tumour was identified on her cervix.

A scan in December 2013 showed cervical cancer, and the woman underwent radiotherapy, chemotherapy and brachytherapy.

In March 2014 a persistent small volume of cervical cancer was found and the woman remained in significant pain. She was later found to have residual metastatic disease.

In August 2014 the woman was told of a concern that the imaging represented a relapse of the disease and in December of that year palliative chemotherapy was recommended.

The woman remained hopeful and travelled abroad for a type of chemotherapy. However, she continued to deteriorate, was hospitalised in April 2015 and was put on conventional palliative chemotherapy.

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

In June 2015 a scan showed the tumour had increased in size to 9.5cm, and later that month she suffered a catastrophic arterial bleed. She was resuscitated with 35 units of blood and admitted to intensive care. Palliative treatment continued, but a global decline in the woman’s condition was noted and she died in late July 2015.

In 2018, with the media highlighting the Vicky Phelan case, it was claimed the woman’s husband was called to a meeting where he was informed that the 2012 smear had been incorrectly interpreted and that, had it been correctly interpreted, his wife would have been referred for a repeat smear after six months which would probably have led to a referral and an earlier diagnosis of cancer.