Retired teacher settles claim against BreastCheck

A woman who claimed she would not have had to have chemotherapy or a right-side mastectomy if a correct diagnosis had been made when she went for a BreastCheck mammogram has settled her High Court action.

Retired teacher Eileen Fennessy had sued the HSE over an alleged failure to diagnose breast cancer in a 2011 mammogram, and an alleged delay in diagnosis.

Her counsel, Pat Treacy, had told the High Court that Ms Fennessy’s GP found a large mass in her right breast in October 2012 and referred her for an ultrasound and a biopsy.

Ms Fennessy was shown to have a Grade 2 carcinoma and began chemotherapy straight away, with a right- side mastectomy carried out in April 2013.

Counsel told the court it was Ms Fennessy’s contention that the chemotherapy and mastectomy would not have been required if the correct diagnosis had been made when she had the mammogram in 2011.

“What was properly diagnosed in 2012 was there to be seen in 2011,” he said.

He said while Ms Fennessy is now cancer-free, the underlying diagnosis for her is extremely serious and devastating.

When the case came back before the court yesterday, Mr Justice Kevin Cross was told, after day-long talks, that the matter was settled and could be struck out.

Ms Fennessy, of The Meadows, Piltown, Co Kilkenny, had sued the HSE, which oversees the BreastCheck National Breast Screening Programme, for alleged negligence and breach of duty.

The HSE, the court heard, had admitted a breach of duty in the case.