The solicitor of Ruth Morrissey has said that Ms Morrissey's action against the HSE meant she was excluded from the formal State apology in October 2019.
Following Ms Morrissey's death on Sunday, her husband Paul said that their family had never received an apology from the State or the HSE despite the "magnitude of harm caused to her by avoidable errors."
A spokesperson for then Taoiseach, Leo Varadkar responded to the claims, saying a formal apology was made to all the women and their families who were affected by the CervicalCheck scandal.
At the time of the apology, Ms Morrissey had taken a case against the HSE and two of the laboratories involved in the reading of smear tests for CervicalCheck.
Ms Morrissey's solicitor, Cian O'Carroll, who also represented Vicky Phelan in her action against the State, said the apology could not have included the Morrissey family as the State were appealing a High Court decision on Ms Morrissey's case at that time.
"Ruth Morrissey was fighting a Supreme Court appeal by the State, claiming that they had no responsibility, so I don't see how you can now say that October 2019 apology had anything to do with Ruth Morrissey.
"It couldn't, because if it did, they couldn't have maintained their fight," said Mr O'Carroll.
