Courts

Woman suing over cervical smears has ‘maximum’ of two years to live

Professor tells court it is ‘totally unacceptable’ that Ruth Morrissey not told of audit findings

A file photograph of Ruth Morrissey and Paul Morrissey at the Four Courts. Photograph: Collins Courts.
A file photograph of Ruth Morrissey and Paul Morrissey at the Four Courts. Photograph: Collins Courts.
Thu Feb 07 2019 - 19:38

A woman suing over the alleged misreading of her cervical smears has a maximum of two years to live, the High Court has heard.

Prof John Shepherd, who reviewed Ruth Morrissey’s medical history and recent scans, said it was “totally unacceptable” that Ms Morrissey did not find out until last May the results of 2009 and 2012 audits which showed the 37-year-old’s cervical smear slides were incorrectly reported as negative.

Prof Shepherd, a consultant gynecological oncologist, said there is a significant mass on Ms Morrissey’s pelvis which, on the balance of probabilities, is still malignant. The mass is stable at the moment but, on balance, there is still active cancer at the centre, he said.

Ms Morrissey and her husband Paul Morrissey, of Kylemore, Schoolhouse Road, Monaleen, Co Limerick, have sued the HSE; US laboratory Quest Diagnostics Ireland Ltd with offices at Sir John Rogerson’s Quay, Dublin; and Medlab Pathology Ltd with offices at Sandyford Business Park, Dublin 18.

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It is claimed there was failure to correctly report and diagnose and alleged misinterpretation of her smear samples taken in 2009 and 2012. It is claimed a situation developed where her cancer spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2014.

It is further claimed a review of the 2009 and 2012 smears took place in 2014 and 2015 with the results sent to Ms Morrissey’s treating gynaecologist in 2016.

The Morrisseys contend that Ms Morrissey been told the results of the smear test audits in late 2014 or early 2015, she would have insisted on an MRI and other scans.

The HSE has admitted it owed a duty of care to Ms Morrissey but not to her husband. The laboratories deny all claims.

Prof Shepherd said that iIf Ms Morrissey had a scan in 2016, and if cancer was detected, she would have had a biopsy and this would have have confirmed a recurrence and could have had treatment with the intention of a cure.

The court heard there is no criticism of the treatment of Ms Morrissey since her cancer came back last year.

The case continues on Friday.