The family of a Kerry woman who died before her legal case over her cervical smear tests was resolved will continue her action, the High Court has heard.
Retired nurse Joan Lucey, who was 73, died last Friday just hours before mediation in her case against the HSE and two laboratories - Clinical Pathology Laboratories and MedLab Pathology - was about to begin.
The mediation continued despite Ms Lucey's death, but was unsuccessful. The defendants deny the claims against them.
Ms Lucey's senior counsel, Oonah McCrann, asked the High Court for permission to reconstitute the action in the names of Ms Lucey's son Sean, and daughter Sinead, who are executors of her will.
Ms Lucey's action centered on the alleged misreading, misinterpreting or misreporting of two smear tests carried out in 2011. She was diagnosed with cervical cancer in 2019. Her case was due to begin this week.
Her lawyers had twice asked for mediation to take place but the HSE had said it could not get involved in mediation until an issue involving a third party was resolved.
An agreement to begin mediation was reached last week and it was brought forward to last Saturday after Ms Lucey's condition deteriorated significantly.
However, she passed away on Friday night before it got under way.
Ms McCrann told Mr Justice Kevin Cross that Sean and Sinead Lucey were ready to proceed with the action on Friday.
The judge said that while mediation had not been successful so far, it did not mean the parties could not re-engage with it. He said it was not over until it was over.
Ms Lucey's claim for general damages ended when she died, but the action will now become a fatal claim, taken by her children.
