The HSE and a testing laboratory have apologised in the High Court to a mother of four who is terminally ill with cancer for a smear test which they acknowledge was read in a manner that was negligent.
The apology was read out at the Four Courts as Patricia Carrick and her husband Damien settled their High Court action in which it was claimed Mrs Carrick's smear test was misdiagnosed or misreported.
The 51-year old woman was too ill to attend the Four Court to hear the apology and is currently in hospital. A letter containing the apology is now to be sent to the Carrick family.
Her husband Damien sat in the courtroom as Counsel for the HSE Patrick Hanratty SC read out the apology on behalf of the HSE and the MedLab Pathology.Ltd.
It stated: "The Health Service Executive and Medlab Pathology Ltd acknowledge that the liquid based cytology sample of May 31, 2016 was read in a manner that was negligent and in breach of duty.
It added: "We wish to sincerely apologise that this occurred and for the consequences and distress that this has caused for you all."
The apology was personally addressed to Mr and Mrs Carrick and their four children, Ciaran, Rioghna, Sorcha and Eoin.
The Carricks' Counsel Patrick Treacy SC instructed by Cian O'Carroll solicitor told the court the case had settled after going to mediation. Mrs Carrick he said is currently in University Hospital, Galway.
The 51-year old woman was diagnosed with cervical cancer last year and underwent treatment, but she suffered a relapse of the cancer in February and is now terminally ill and receiving palliative care.
Administrator, Patricia Carrick, Oranmore, Co Galway along with her husband Damien had sued the HSE claiming the alleged failures in care on the balance of probability caused an alleged delay in diagnosing her cancer which she said caused a loss of opportunity of cure.
Ms Carrick whose youngest child is 13 years of age further claimed it has impacted on her life expectancy and she has been unable to work since July last year when she was first diagnosed with cervical cancer.
Ms Carrick had a routine smear test in 2014 and it is claimed the cytology report issued showed no evidence of neoplasia. Another smear test in 2016 also showed no evidence of neoplasia.
In 2018 a further cervical smear test under the national screening programme was reported as unsatisfactory for assessment and Ms Carrick was advised she needed to have a repeat smear test in three months. In February 2019 she had the smear test which was reported as showing no abnormalities.
Ms Carrick was diagnosed with cervical cancer five months later, which had spread to her pelvic lymph nodes.
She claimed she was allegedly deprived of the opportunity of timely and effective investigation and management of her condition and of the opportunity of treatment at a time when her disease was allegedly amenable to curative treatment.
The claims were denied but in court today the HSE and MedLab Pathology acknowledged the 2016 sample was read in a manner that was negligent and in breach of duty.
The HSE had last July applied to the High Court to have the MedLab laboratory joined as a co-defendant in the proceedings claiming there were exceptional circumstances to do so.
Partrick Hanratty SC for the HSE also said the HSE would be seeking an indemnity from MedLab.
Mr Justice Kevin Cross turned down the application but said MedLab could be allowed into the proceedings as a third party.
Outside the Four Courts, Mr Carrick said on behalf of his wife Trish and his children he wished to acknowledge the acceptance of liability and the apology in relation to the 2016 slide.
He said on July 29th last year his wife received a phone call to tell her she had cancer. "Since that time our very private and happy lives in Galway have been marred by the horrendous situation that we found ourselves in." Trish, he said, is a great mother a really good friend and "the glue that keeps the Carrick house in order".
He added: ""She was diligent with her health and attended for her smear tests regularly. .She was very conscious of the ramifications of missing a smear and was and is a firm believer in the screening programme provided by Cervical Check. If she was here today, she would be encouraging all women to go for their smears regularly and to listen to their bodies."
Mr Carrick said his wife would also be calling on the Government to implement all of the recommendations of the Scally Report as soon as possible and "to ensure the women of today live to be the mothers of tomorrow." Mr CArrick said he joined with his wife in that plea.
Mr Carrick said he would also like to remember " all of the devastated families and friends that have been left behind and also remember all of the women who have lost their lives to this terrible disease."
He added:" Surely their legacy is the fully funded and properly run screening service based in Ireland and run properly by the State."
He also pointed out that since the Supreme Court decision in the Ruth Morrissey case a very real problem has been highlighted that the law as it currently stands may prevent the dependents of a person such as his wife from recovering the cost of future care and support when a person dies.
He said this became a big issue in their case and it will be a big issue in many other cases.
"The Chief Justice called on the Oireachtas to fix the law and the Government now needs to act urgently," he pointed out.
