Competent screener could have interpreted smear taken from Ruth Morrisey as negative, court hears

A competent screener could have interpreted the smear taken in 2009 from Ruth Morrissey, who now has terminal cervical cancer, as negative, a US expert told the High Court.

Dr Robert Marshall Austin who was giving evidence on behalf of US laboratory, Quest Diagnostics told the court he believed as a matter of probability cancer was not there in 2009.

He is the Medical Director of Cytopathology at Magee Womens Hospital in Pittsburgh, Pennsylvania.

Asked by Michael Cush SC could a competent cytotechnologist treat the 2009 Quest Diagnostics slide for Ruth Morrissey as negative, Dr Austin replied “yes.”

Asked if the cancer was there as matter of probability in 2009, Dr Austin said he believed it was not there.

It is the third week of the action by Ruth Morrisey who is terminally ill with cervical cancer against the HSE and two US laboratories over the alleged misreading of her cervical smear slides in 2009 and 2012, which were taken under the CervicalCheck screening programme.

Cross examined by Patrick Treacy SC for Ms Morrissey Dr Austin agreed he had taken part in a major study by Quest Diagnostics which involved him analyzing data and helping write a report in relation to smear tests taken from over 8million women. He said he was not remunerated for the work.

Asked by Mr Treacy if he still regarded himself as an independent expert, Dr Austin said yes he did, in general terms.

Asked why the court was not going to hear from a Quest Diagnostics cytotechnologist, Dr Austin said that was not up to him.Yesterday, the court heard that US laboratory Quest Diagnostics is withdrawing three of its witnesses including two medical experts who had prepared reports for the case.

Counsel for Ms Morrisey, Jeremy Maher SC said his side had been informed by letter from the solicitors representing Quest Diagnostics yesterday morning. He told the court they were reserving their position on the matter.

Ruth Morrissey and her husband Paul Morrissey of Kylemore, Schoolhouse Road, Monaleen, Co Limerick have sued the HSE and the US laboratory Quest Diagnostics Ireland Ltd with offices at Sir John Rogerson's Quay, Dublin along with Medlab Pathology Ltd with offices at Sandyford Business Park, Dublin 18.

It is claimed there was an alleged failure to correctly report and diagnose and there was an alleged misinterpretation of her smear samples taken in 2009 and 2012.A situation it is claimed allegedly developed where Ms Morrissey’s cancer spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2014.

It is further claimed a review of the 2009 and 2012 smears took place in 2014 and 2015 with the results sent to Ms Morrissey's treating gynaecologist in 2016, but she was not told until May 2018 of those review results which showed her smears were reported incorrectly.

The Morrisseys further contend that if Ms Morrissey had been told the results of the smear test audits in late 2014 or early 2015, she would have insisted on an MRI and other scans.

The HSE the court has already heard admitted it owed a duty of care to Ms Morrissey but not to her husband. The laboratories deny all claims.

The case before Mr Justice Kevin Cross continues.