'Family-focused' woman who had to have hysterectomy after incorrectly reported smear test sues for damages

A 39-year-old woman whose cervical smear test was incorrectly reported as negative, before she was later diagnosed with cancer and had to have a hysterectomy, has sued in the High Court.

Mr Justice Kevin Cross was told by the woman’s counsel, Dr John O’Mahony SC, when she had a cervical smear test in 2013 there should have been “flashing red lights” but the result came back negative.

Three years later she was diagnosed with cancer and had to have a hysterectomy

Had it not been for the misreporting of the April 2013 smear, she has claimed she would not have had a hysterectomy and would have conserved her fertility.

“Her intention was to have a family, she is family-focused.

It was her desire to have children.

"She looked forward to being a mother, she is saddened by this,” Dr O’Mahony told the court.

Counsel told Mr Justice Kevin Cross liability has been conceded in the case and it was before the court for assessment of damages only.

Counsel said if there had been an appropriate reading of the 2013 smear she would have avoided “all of the nightmare” and retained her fertility.

“She would not have lost out as badly as she did,” Dr O’Mahony added.

The cancer, Counsel said, has not returned and the woman is currently clear of it. Mr Justice Cross said the woman is not in danger as other women who have been before the courts in relation to their smear tests.

Counsel said the woman does not currently have cancer but she is “not out of the woods” and has reviews every three months.

He said the woman has also been left with a chronic condition which causes swelling in her body.

The woman who cannot be identified has sued the HSE and Medlab Pathology Ltd, which examined the woman's smear slide taken on April 22, 2013, under the Cervical Check screening programme.

She claimed the smear test was falsely reported as being negative with a recommendation she be discharged to routine recall for a further smear in three to five years. She says she was required to have more radical surgery and treatment and her health has been seriously adversely affected .

Had her 2013 smear been reported correctly, she would have been referred for a colposcopic assessment which is what happened three years later when she had a smear test in 2016 . A high-grade squamous lesion was found.

In evidence the woman told the court the things she has enjoyed the most have been taken from her.

‘When I found out I had cancer it was very difficult. I rang CervicalCheck. I did not understand how it happened to me,” she said.

The case before Mr Justice Kevin Cross continues.