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Terminally ill woman settles High Court action over cervical smear tests

The High Court heard that the case has been settled, however details of the settlement are confidential
The High Court heard that the case has been settled, however details of the settlement are confidential

A woman with terminal cancer who sued over Cervical Check smears has settled her High Court action.

The woman and her husband brought an action over smear tests carried out in 2009 and 2012 which came back as "no abnormality detected".

She said she was not told until May of this year that reviews of these tests showed the presence of pre-cancerous cells and that the tests had allegedly been reported incorrectly.

The proceedings in the case began at the start of this month and the court was told then that the woman was in a very serious condition. Her lawyers told the court this morning that the case had been settled but the details of the settlement are confidential.

The woman cannot be identified by order of the court.

She had sued the HSE and the US laboratory Quest Diagnostics Incorporated.

The woman's smear tests in 2009 and 2012 were reported as showing no abnormalities. In 2016, she had another routine smear, pre-cancerous cells were detected and she was referred for a procedure. 

She was diagnosed with invasive cervical cancer in 2017.

In her action she claimed that a review of her 2009 sample showed the original report was incorrect and that high grade pre-cancerous cell were present at that stage but she said this was not communicated to her.

A review of her 2012 results was not given to her either she said. 

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The woman was also told in May this year, that her cancer was incurable and her prognosis was limited to months.

She claimed that the delay in diagnosis meant she had lost the opportunity of cure and her life expectancy had been severely impaired.

This was the fourth case to be listed in the High Court and the first to be settled since Limerick woman, Vicky Phelan settled her action for €2.5m and the Cervical Check smear controversy began.