| 7.9°C Dublin

Terminally ill woman's legal team claims it was 'ambushed' by CervicalCheck evidence

Close

Terminal diagnosis: Ruth Morrissey sued over alleged misreadings of her CervicalCheck slides. Photo: Collins Courts

Terminal diagnosis: Ruth Morrissey sued over alleged misreadings of her CervicalCheck slides. Photo: Collins Courts

Terminal diagnosis: Ruth Morrissey sued over alleged misreadings of her CervicalCheck slides. Photo: Collins Courts

The legal team for a woman suing over the alleged misreading of her CervicalCheck smear slides has claimed it was "ambushed" in an attempt by a US laboratory to introduce microscopic evidence in the case.

The legal team for a woman suing over the alleged misreading of her CervicalCheck smear slides has claimed it was "ambushed" in an attempt by a US laboratory to introduce microscopic evidence in the case.

Patrick Treacy SC, for Ruth Morrissey, who has terminal cervical cancer, said his team was only told at the end of last week that an expert witness on behalf of Quest Diagnostics was to make use of a laboratory microscope which had been set up in the court for the hearing.

Mr Treacy said this was "grossly unfair" and the Morrissey legal team felt "ambushed".

Such microscopic evidence, he said, was not put to their expert witness, consultant cytopathologist Dr Michael McKenna, when he gave evidence weeks ago.

The reading of Ms Morrissey's smear slides was the cornerstone issue in the case, he said.

The Morrissey side did not have its expert in court yesterday, he said.

Michael Cush SC, for Quest Diagnostics, said the substance of the microscopic evidence had been put to Dr McKenna in cross examination.

The expert witness on the Morrissey side "chose not to bring his microscope" to court, he said.

Ruling not to allow the microscopic evidence, Mr Justice Kevin Cross said that he did not think it would be fair to bring it in at this stage.

Daily Digest Newsletter

Get ahead of the day with the morning headlines at 7.30am and Fionnán Sheahan's exclusive take on the day's news every afternoon, with our free daily newsletter.

This field is required

He said the Quest Diagnostics expert witness, Dr Robert Marshall Austin, medical director of cytopathology at Magee Women's Hospital in Pittsburgh, Pennsylvania, could give evidence as per his reports in the case.

After Dr Austin began his evidence, the case was adjourned on the application of Quest Diagnostics.

He will resume his evidence on Friday.

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

It is claimed there was an alleged failure to correctly report and diagnose and there was an alleged misinterpretation of her smear samples taken in 2009 and 2012.

The HSE has admitted it owed a duty of care to Ms Morrissey.

The laboratories deny all claims.

The case continues.


Most Watched





Privacy