Friday 19 July 2019

Not enough judges to hear women's CervicalCheck cases - High Court judge warns

  • There are not enough judges to hear cases of women suing over alleged misreading of their CervicalCheck smear slides - senior High Court judge warns
  • 'I apologise to everyone. There are not enough judges to do the cases' - Mr Justice Kevin Cross
  • Called for more judges to be appointed to High Court to deal with personal injuries list which has been swamped with complex cases
Ruth and Paul Morrissey pictured at the Four Courts Pic: Collins Courts
Ruth and Paul Morrissey pictured at the Four Courts Pic: Collins Courts

Tim Healy

There are not enough judges to hear the cases of women suing over the alleged misreading of their CervicalCheck smear slides, a senior High Court judge warned today.

Mr Justice Kevin Cross who is hearing evidence on the eight day of the action by Ruth Morrissey who is terminally ill with cervical cancer said he may be faced with having to hear two actions in one day, one in the morning and switching to another in an afternoon as the cases mount up.

"I can’t see a way around it," the judge said and he added if cases don’t settle, the court will have to do something.

He added: "I apologise to everyone. There are not enough judges to do the cases."

The judge’s comments came after he was told another case linked to the alleged misinterpretation of cervical smears taken under the CervicalCheck programme is due to start at the end of this month, when the Ruth Morrissey case is still going on with yet another case is due to begin in March.

Limerick woman Ruth Morrissey who is seriously ill with cervical cancer has sued the HSE and two US laboratories over the alleged misreading of her cervical smear slides in 2009 and 2012. Her case started last July and resumed before the High Court eight days ago and is expected to last several more weeks.

Seriously ill: Ruth Morrissey has cervical cancer. Picture: Collins
Seriously ill: Ruth Morrissey has cervical cancer. Picture: Collins

Last November,Mr Justice Cross warned that people who have sued over alleged delays in cancer diagnosis and alleged misdiagnoses may have passed away before their cases are heard.

He called for more judges to be appointed to the High Court to deal with the personal injuries list which has been swamped with complex cases including those related to the CervicalCheck controversy.

The judge on that occasion warned that "great injustices will be caused" particularly for those "in extremis."

In court today, Mr Justice Cross said the situation has not improved and it does not look likely it will. Mr Justice Cross has only three other judges available to him on the personal injuries list. Last November he said without more judges being appointed, he did not know how all the cases will get on.

Mr Justice Cross today said all judges in the High Court are hearing cases in all areas including commercial, asylum, Articles 40 and the President of the High Court, who oversees the running of the High Court has scarce resources.

The personal injuries list is also expected to hear several other long running cases this year including, breast cancer cases and cases in relation to the swine flu vaccine.

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