HSE and labs commit to mediation talks with dying Kerry woman in CervicalCheck case

Joan Lucey has sued in relation to the alleged misreading or misinterpretation or misreporting of her cervical smears taken in February 2011 and August 2011. File photo

A 73-year-old woman on her deathbed with terminal cervical cancer who is suing over her smear slides today was given a commitment from the HSE and two laboratories they will attend mediation talks.

Mediation towards resolving the action of retired nurse and widow Joan Lucey from Kerry will begin on next Tuesday afternoon. It will also involve a third party joined in the proceedings by US laboratory CPL, the High Court heard.

Mr Justice Kevin Cross who had urged mediation and told the HSE and the laboratories on Thursday to take instructions “at the highest level” on the matter wished all sides success in the mediation which he described as “a quite difficult endeavour”.  The judge had told all parties to attend a remote hearing of the High Court this morning to check on progress on the matter. All the defendants along with the third party confirmed they will attend for mediation.

Mrs Lucey’s legal team had pleaded in court twice for mediation to begin.

On Thursday, Mrs Lucey’s counsel Oonah McCrann SC instructed by Aisling Maher of Cantillons solicitors, told the judge the HSE were not prepared to enter into direct mediation talks without the other parties present.

Previously the court had heard the laboratories were baulking at engaging in mediation until a third-party issue has been resolved.

“All Joan Lucey is being offered on her death bed is sympathy. It is hollow sympathy,” counsel said.

Counsel said Mrs Lucey needed to know if the case was going to mediation or did she have to face a trial of her action which is due to start in the High Court next week.

Joan Lucey (aged 73) of Cooleen, Dingle, Co. Kerry, has sued the HSE, Clinical Pathology Laboratories Incorporated (CPL)with headquarters in Austin, Texas, USA and MedLab Pathology Ltd with registered offices at Sandyford Business Park, Dublin.

She has sued in relation to the alleged misreading or misinterpretation or misreporting of her cervical smears taken in February 2011 and August 2011.

In February 2011, Mrs Lucey had a smear test which, it is claimed, was tested by CPL under the supervision of MedLab and this came back as negative with a recommendation for the repeat smear in six months.

It is also claimed that Mrs Lucey was referred to the Scotia Clinic, Tralee, Co. Kerry, on on April 29, 2011, where a swab came back as negative and she was advised she was HPV negative.

In August 2011, it is claimed Mrs Lucey had a repeat smear which was tested by the CPL under the supervision of MedLab and was reported as negative with a repeat smear recommended in a year.

It is claimed for the subsequent seven years Mrs Lucey had annual smear tests taken by her GP all of which were reported as negative. She also had a smear test and a HPV test in October 2018 which were reported as negative in May 2019. After that Mrs Lucey got a letter from CervicalCheck advising that she had completed her cervical screening.

In December 2018, Mrs Lucey began to suffer from fatigue and developed lower back pain in May 2019. She was later admitted to hospital for investigations and an MRI scan showed cervical cancer.

It is claimed that notwithstanding undergoing regular smear tests as advised, cytological cell changes in Mrs Lucey were allegedly allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in July 2019.

All the claims are denied.

Clinical Pathology Laboratories (CPL) has also joined as a third party in the proceedings consultant obstetrician Dr Mary McCaffrey of The Scotia Clinic, Tralee, Co Kerry. CPL has claimed there was an alleged failure to assess or investigate Mrs Lucey when she attended the clinic on April 29, 2011, and it is claimed it resulted in an alleged missed opportunity to diagnose pre-invasive disease.

The claims are denied.