A terminally ill woman who took a High Court action over the misreporting of her smear test slides has settled her case.
The settlement was reached a day after the HSE and a hospital apologised to the 40-year-old woman after it was acknowledged the reporting of her smear test "fell below a reasonable standard" and had "devastating consequences" for the woman who could die at any time.
The apology was issued in a letter to the woman, who has three children, before her High Court action began yesterday. However today the court was told the case had been settled and could be struck out.
The terms of the settlement were not disclosed and the woman's identity cannot be published.
Yesterday the court heard the woman's 2004 smear test was reported as normal when in fact it showed significant abnormalities.
The woman was in her early 20s and had two young children at the time of that test. It was tested at St Luke's Hospital, Rathgar, and reported back as negative when in fact it was significantly abnormal, the court was told.
The pre-cancer should have been detected and if it had, it would have been excised and she would have been cured forever, her lawyers told the court.
Six years later, the woman had another smear test and this was reported back as abnormal and she was referred for a number of procedures. She was diagnosed as suffering from micro invasive squamous cell carcinoma. Further smear tests were clear until the summer of 2015 when metastatic cervical cancer was diagnosed.
Her case is before the High Court for assessment of damages.
The apology which was delivered in a letter to the woman the day before her High Court action began, acknowledges that the reporting of her smear test taken on 3 November 2004 "fell below a reasonable standard."
Senior Counsel Jeremy Maher told the court the woman has six to 18 months to live and won’t see the summer of 2024, and "could die at any time."
Mr Maher said while the apology was of "real value", it was distressing for her and her husband as to why it had taken until the day before her case was to start.
In the letter, the HSE and St Luke’s Hospital, Rathgar, Dublin which tested the 2004 slide apologised to the woman and said the reporting of the cytology slide fell below a reasonable standard.
The letter signed by the general manager of St Luke’s Radiation Oncology Network, Jacqueline Robinson, unreservedly apologised for what happened and for its "devastating consequences".
It continued: "I do not underestimate how difficult this has been for you and your family. I hope that you will accept this apology which is made with sincere regret."
At the opening of the action, Mr Maher said the case was causing great distress to the woman and her husband and while they were in the Four Courts, they were not able to attend court.
Mr Maher said a significant, complicating and tragic factor was that the woman was five weeks pregnant at the time of her diagnosis and treatment and as a result lost the pregnancy.
"The court can only imagine the distress this caused," he said.
Counsel for the HSE Patrick Hanratty SC told the court, that once liability was admitted, the apology was presented to the woman "as quickly as we could."
The case before Mr Justice Paul Coffey continues.
