Monday 23 September 2019

'Progress' in CervicalCheck court hearing

Stock photo
Stock photo

Aodhan O'Faolain

Progress has been made in actions brought by three women affected by the CervicalCheck controversy, including Kerry woman Emma Mhic Mhathúna, the High Court has heard.

Their cases all arise out of the alleged misreading of cervical tests and involve patients who are terminally ill. They are all seeking early trial dates in their proceedings against parties including the HSE.

As part of their actions lawyers representing the three women, two of whom cannot be named for legal reasons, went before the High Court on Thursday seeking the production of documentation and cervical smear slides which they say they urgently require as part of their claims.

The women sought the production of cervical smear slides taken from them so that appropriate pathologists and clinicians could study and report on them.

The case was adjourned by Mr Justice Michael McGrath, then yesterday morning when the application returned before the court Patrick Treacy SC, instructed by solicitor Cian O'Carroll, for the three women, said progress had been made in each of the three cases.

Counsel said that the slides, including ones which are in the US, are to be transferred today to their representatives.

Counsel said all three cases could be adjourned until next Wednesday's sitting of the High Court when other matters arising out of the case are due to be raised.

Mr Justice McGrath welcomed the fact progress had been made overnight and agreed to put the matter back to Wednesday.

On Thursday Mr Treacy told the court that his clients needed the slides straight away. He said negotiations with regards the putting in place of a protocol for the handing over of slides by Medlab Pathology Limited Ireland and a New Jersey laboratory, Quest, had led to the loss of a vital six days in dealing with the legal proceedings.

Lawyers for Medlab, and for Quest, told the court their clients were prepared to immediately hand over slides subject to directions of the HSE and the protocol agreed between the HSE and the plaintiffs.

Irish Independent

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