More than €1m is to be lodged in the High Court to buy a house for the five children of 37-year-old Emma Mhic Mhathúna, who died from cancer earlier this month.

Mr Justice Kevin Cross also ordered that the rest of the €7.5m received by Ms Mhic Mhathúna in settlement of her action against the Health Service Executive and US laboratory Quest Diagnostics be lodged in court.

The judge was told that it had been decided to put off buying the house for the moment, but he ordered that €1m be kept in court, pending the future purchase of a home.

Lawyers for Ms Mhic Mhathúna's children told the court that her father, the children's grandfather, had decided to park the question of a property purchase as the family grieves and deals with the trauma of what has happened.

Senior Counsel Patrick Treacy said the children's grandfather, Peter Duffy, had given up his job as a financial advisor to look after the children and his wife has given up her job as a nurse.

The children are all currently living in Co Kerry.

Mr Justice Cross praised the legal team acting for the Mhic Mhathúnas for their work on behalf of the family.

Ms Mhic Mhathuna who had been diagnosed with cervical cancer and found out, following a HSE audit, that two earlier smear tests had been misread, died earlier this month after the cancer spread to her brain.

Quest Diagnostics admitted misreading the previous smears and the HSE admitted it had failed to disclose the findings of the audit to her.