Woman suing over alleged cervical cancer diagnosis delay claims information concealed for over two years

A Cork woman who is suing the HSE and two laboratories claiming there was a delay in her cervical cancer diagnosis is to be given key documents relating to reviews and audits of three previous smear tests.

The woman who is in her fifties has further claimed that it was allegedly concealed from her until May last year that cervical smears taken in 2009, 2010 and 2011 had all been upgraded to "high grade" following an audit of her smear tests.

This information she has contended was allegedly available for two years before she got it.

Ms Justice Bronagh O'Hanlon in the High Court yesterday gave the HSE eight weeks to provide various documentation including key papers in relation to the audits of the woman's previous smear tests to her legal team.

The judge refused an application by the HSE to be allowed 16 weeks to gather the documentation.

Counsel for the woman Doireann O'Mahony BL told the court the woman who was diagnosed with Stage Two cervical cancer in 2011 had three smear tests in 2009, 2010 and 2011 which reported as normal but counsel said these were later upgraded to abnormal.

Counsel said her side were seeking various categories of discovery of documents and a crucial consideration in the case was the conduct of the HSE.

The woman has sued the HSE along with laboratories Quest Diagnostics Ireland Ltd with offices at Sir John Rogerson's Quay, Dublin and Clinical Pathology Laboratories Incorporated of Austin Texas in the United States.

She has claimed the national cervical screening did not provide adequate or any warning to her of the presence of pre cancer and early cancer cells in sufficient time to allow their removal before they developed in to advanced cervical cancer.She has further claimed that findings relating to her smear tests of 2009, 2010 and 2011 which showed they were allegedly misinterpreted as being negative was allegedly withheld from her.

She has further claimed there was an alleged delay in the diagnosis of her cancer until late in 2011 and she had to have high dose radiation treatment.

There was she has claimed an alleged failure to diagnose her cancer after a smear in 2009 and she allegedly lost the opportunity of undergoing appropriate surgery. She also contends she lost the opportunity to receive treatment when her cancer was at an earlier pre invasive stage.

Counsel for the HSE Rosalind O'Connell Bl told the court the latest scans for the woman showed she now has no identifiable cancer.