Personal injury claims linked to CervicalCheck rise to over 260

Cian O’Carroll, whose firm Cian O’Carroll Solicitors represented Vicky Phelan in the landmark CervicalCheck case in 2018, represents under half of the women who have taken legal actions. Picture: Collins Courts

The State Claims Agency (SCA) has received 263 personal injury claims arising from alleged misreading of slides by CervicalCheck.

That is according to new figures provided by Health Minister Stephen Donnelly who said that, of these, 212 relate to clinical care claims brought directly by the service users.

In a written Dáil reply to Social Democrats co-leader Catherine Murphy, Mr Donnelly said that the remaining 51 relate to psychological injury claims brought by family members or dependents.

He said that 31 of the 263 claims have been concluded.

Mr Donnelly said of the concluded cases: “Almost all of the claims have been settled by the laboratories involved in the individual claims and, accordingly, the SCA does not, in all instances, have details of settlement payments made by those laboratories".

The 263 claims is an increase of 32 on the 231 claims recorded at the start of last December, where 188 concerned clinical care claims brought directly by the service users and 43 related to psychological injury claims brought by family members or dependents.

The legal firm operated by Co Tipperary solicitor Cian O’Carroll, which represented Vicky Phelan in the landmark CervicalCheck case in 2018, represents under half of the women who have taken legal actions.

“I am aware of 17 women who have died to date; we may act for their spouses or families where the woman has already died," said Mr O'Carroll.

“But there are many others and several of this group of 17 are not part of the often-quoted number of 221 women affected. 

In truth, there are far more than 221 women affected.” 

Mr O’Carroll’s firm last year received €5.4m in costs arising from 26 separate ‘live’ medical negligence claims taken by his firm against the State on behalf of its clients in 2020.

Mr O’ Carroll said that the figures for plaintiff legal firms like his own “are for total costs, meaning that these are the fees for all the barristers, solicitors, medical experts, and every other expert involved in a case”.

He said that this would often include 10 to 15 medical and allied medical professionals, with Vat then added to that.

“The costs in these cases have all been agreed with the SCA; none of them had to be adjudicated with the legal costs adjudicator so that shows how they are within the norms of what the State expected to pay having lost each of those cases.

“From my experience, none of the people responsible for these errors were ever held accountable for their negligence. 

"Were such a system of accountability to be established, as in other countries, I believe we would see a marked improvement in the standard of care and a consequent reduction in the number of serious injuries needlessly suffered by patients in Ireland’s public hospitals each year.” 

'Make fair proposals'

Mr O’Carroll said that the obvious answer to reforms that would see a reduction in legal costs and improve the experience for litigants “is that the State would admit liability at an earlier stage and make fair proposals that would help those injured to get on with their lives”.

The top 10 legal firms acting for claimants in all medical negligence cases shared €23.6m in costs.

The figures show that Michael Boylan Litigation Law firm has received €4.8m in legal costs in 21 medical negligence cases taken against the SCA, with Cantillon Solicitors receiving €3.47m in legal costs in 19 medical negligence cases against the SCA.

Others to receive figures over €2m include Callan Tansey Solicitors, receiving €3.4m for 37 cases, and Augustus Cullen Law Solicitors, receiving €2.5m for 21 cases.

Solicitor Michael Boylan said the total payment of €4.8m to his firm covers the work of his full team of solicitors, paralegals, senior and junior counsel, many medical experts, court duties, other expenses, as well as Vat at 23%.

“Our entire dedicated staff of 12 persons, including six solicitors, is devoted to working on medical negligence cases, acting for very severely injured patients who have no entitlement to any legal aid,” said Mr Boylan. 

These patients would be left to flounder if we did not take on the meritorious cases.” 

Mr Boylan was critical of the approach by the SCA on behalf of the HSE and the State, which he claimed “have often adopted a very adversarial approach and have fought cases for years which should have been settled quickly with liability admitted from the outset”.

“The State is wasting substantial moneys defending the indefensible. I have been saying this for years. It’s a terrible waste and it causes massive additional distress to patients and their families.” 

Asked to comment on Mr Boylan's claims, a spokesman for the SCA said: "The SCA seeks to act fairly and ethically in dealing with people who have suffered injuries and/or damage, and their families, in the resolution of claims.

"In cases where the SCA investigation concludes that the relevant State authority bears some or all liability, it seeks to settle claims expeditiously, and on fair and reasonable terms. 

"If it considers, in individual claims or classes of claim, that the State is not liable or that the amount sought in compensation is excessive, the SCA's policy is to contest the claim or level of claim.”