Saturday 19 January 2019

Woman taking legal action could die from her cancer at any moment

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Tim Healy

A woman suing over alleged delays relating to CervicalCheck smears is so sick she could die at any moment, a court was told.

It is the fourth case to be listed in the High Court since the CervicalCheck smear test controversy arose when Limerick woman Vicky Phelan settled her action for €2.5m.

A case relating to ovarian cancer has also come before the court.

In the latest case, instituted just a few days ago, the court heard it related to CervicalCheck and the woman is in a parlous state and could succumb at any moment.

Her case is against the HSE and laboratories who examined the smear tests.

Mr Justice Kevin Cross made an order that the woman not be identified in any way.

Jeremy Maher SC said he was applying for an early court date for the trial of the woman's hearing. His client was currently receiving palliative chemotherapy.

Counsel handed in a medical report to the court.

Mr Maher said the case could be listed with the other cases involving CervicalCheck, as there was an overlap on the experts listed in the cases.

Counsel said he appreciated the situation put the court under great strain but the woman could pass away at any moment.

Setting a hearing date for July 20 in the latest case, Mr Justice Kevin Cross congratulated lawyers on all sides for the way they had expedited the work in each of the cases.

Among the cases currently before the courts is that of Kerry mother-of-five Emma Mhic Mhathúna, who has flagged that she will seek exemplary and aggravated damages when her case over alleged delays goes ahead.

Irish Independent

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