A U.S. laboratory, Quest Diagnostics Inc, with a registered address in New Jersey, United States has settled a High Court clinical negligence action taken by a 45-year-old female for alleged delay in the diagnosis of her cervical cancer.

Patient Safety Advocate and MHP Sellors Partner, Ronan Hynes, represented our client which included High Court clinical negligence proceedings also against the HSE.

Legal Case 

Ronan Hynes acted as the lead solicitor on the case together with legal Counsel, Dr. John O’Mahony SC. The Plaintiff’s case was that, had her cervical smear been properly interpreted in 2009, it would have been interpreted as abnormal and she would subsequently have undergone all the relevant medical treatment options which would have prevented her from a subsequent cervical cancer diagnosis years later. Our client underwent LLETZ treatment and thankfully is in remission from her cervical cancer. An investigation and expert review led by the Royal College of Obstetricians and Gynecologists in the UK found that the Plaintiff’s cervical smear sample taken in 2009 had been inaccurately reported and that it was the Plaintiff’s case that an opportunity had been missed to identify her cervical abnormality at a much earlier stage.

Leading expert evidence was obtained from Dr Michael McKenna, a consultant cellular pathologist, who concluded that there were abnormalities present in the 2009 cervical smear slide and, at the relevant time, a screener exercising reasonable care and skill failed to identify the abnormalities which should have been reported as such. The reporting of the cervical smear slide fell below an acceptable standard of care and constituted a breach of duty.

Expert evidence was also obtained from a leading UK professor in gynecological oncology which found that, had the cervical smear test being interpreted correctly, the Plaintiff would have been treated by LLETZ procedure when her cervical abnormality was still a pre-cancer, which would have prevented her from subsequently developing cervical cancer at a later stage or suffering any of the psychological consequences therefrom. Thankfully, the expert opined that our client had been cured of her cervical cancer and would not suffer any loss of life or reduced life expectancy because of the alleged delay in diagnosis and treatment. Our client will remain on annual cervical smears and clinical review for at least ten years post diagnosis.

Settlement

A round table mediation took place between the Plaintiff’s legal team and those for the U.S. laboratory and the HSE in June 2024, days before a scheduled trial. Unfortunately, the mediation was unsuccessful but helped to narrow the issues between the parties. The Plaintiff’s legal team presented robust arguments that the U.S. laboratory’s defence of the case was weak and would very likely fail at trial. Ultimately, a positive settlement was reached between the parties shortly before trial whereby the U.S. laboratory agreed to pay the Plaintiff a substantial, undisclosed sum in damages together with her legal costs.

Contact

You can find further information regarding our expertise, experience and team on our clinical negligence page. If you require further assistance from Ronan Hynes, Partner and our team or would like a clarity call, please contact us on 061 414 355 or alternatively by email at [email protected]