Terminally ill mother who had to receive cancer treatment in Latvia settles case against HSE
Evija Rudzone outside the Four Courts after she was awarded a substantial sum as a settlement in her case. Pictures: Collins Courts
A terminally ill mother-of-two had to return to her home country of Latvia to receive treatment for cervical cancer, after doctors here misdiagnosed her, the High Court has heard.
Evija RudZone, aged 46, from Co Cavan, sued the HSE and Quest laboratories in January, after doctors here failed to detect cancer in her womb over a three-year period.
The chef who has between two and twelve months to live, received an apology and a “significant financial settlement” from the Health Service Executive (HSE) at the High Court on Wednesday.
She told the she “hopes to inspire other people,” after her case was settled.
“Maybe that was my purpose, maybe that’s why I am here, to inspire others,” she said.
Ms Rudzone’s barrister, Dr John O’Mahony SC, instructed by Catherine McGuigan Partner and Richard Crowley Senior Associate of McGuigan solicitors, read out the apology in court during an emotional 15-minute hearing in Court 9.
It said: “On behalf of Louth County Hospital I would like to express our sincere apologies for the delay in the diagnosis of our cervical cancer.
“We recognise that our failure has had a significant impact on your life and has caused enormous distress to you and your family.
“I do not underestimate how traumatic this has been for you and your family, but I can assure you that reviews of our hospital practices are continually carried out with the ultimate aim of ensuring the safety of patients at all times.
“Once again, I wish to offer my heartfelt apologies to you and your family.”
The HSE admitted it breached its duty of care to Ms Rudzone in failing to diagnose and treat her cervical cancer at an earlier point in time, it further admitted that it is likely, absent any breach of duty, that the plaintiff would have been afforded curative treatment.
There are no admissions made on behalf of Quest Diagnostics Incorporated.
Dr O’Mahony SC said an undisclosed “significant settlement” had also been reached following mediation in the “deeply tragic case” and said his client wished to take the stand to speak about her case.
Wearing a headscarf and a denim jacket and a long black dress with white spots, the softly spoken chef sat in the witness box to address Justice Leonie Reynolds.
Ms Rudzone described how doctors here, failed to detect cancer in her womb in 2019, 2020, and 2021. She then used her life savings to fly home to Riga in Latvia in 2022 to undergo tests where she was diagnosed with stage 3 cancer.
“I really don’t want to get too emotional,” Ms Rudzone said. “It is very hard for me. I lost so many years.
“I trusted the doctors, and they are doctors I have to trust.”
She explained that due to feeling continually unwell, despite the reassurances she received from doctors here, she returned home to Lativa for a second opinion.
“I always feel sorry for people who don’t have a chance like that,” she said. “But I lost years.” She said she had to leave her children behind because the treatment she received took a year.
“It put pressure on my marriage,” she continued. “I came back after my first year of treatment and he moved out.”
Justice Reynolds said she appreciated how tragic the case was and that she had “seen all of the papers” and did not want to make the proceedings “any more difficult” for Ms Rudzone.
“I’m really sorry I didn’t trust myself,” said Ms Rudzone. “I didn’t look for help earlier and I had a chance.”
Justice Reynolds said the case had moved quickly and that it is “little comfort that you can put your affairs in order".
“Yes, I still have a little time left” replied Ms Rudzone.
Dr O’Mahony outlined his client’s case and said his client had shown “great bravery” throughout her ordeal.
“It is extremely traumatic and sad beyond description,” he said. “Evija Rudzone is a wonderful, beautiful soul who came to Ireland in 2010.
“She had lovely experiences here in Ireland,” he continued. “She worked as a chef in a hotel in Co Cavan and that is what she did.”
He said Ms Rudzone is “facing the inevitable, the weight of stress and distress has caused her marriage to somber.
“The husband has not stayed around anymore with the plaintiff.
“The life expectancy is probably anywhere between two months and twelve months. So, at any time in that period. I should say she enjoys every day of her life.
“She has shown remarkable composure, dignity, and grace when I said to her, how do you feel about dying and going to the next world. She said, ‘it is ok, I accept it.’ She said 'one great regret in my life is that my daughter who is now 10 that is the big, big chasm that she won’t be around to see her daughter grow up.
“It is a very tight knit mother and daughter relationship. Her other daughter is 24 and is working in a restaurant."
He also described her nephew as a huge help to her family. He said her oldest daughter is “accepting the challenge of her mother dying.
“She has thought about dying, about death, about the hereafter, and she is ready and willing to go and meet her maker whenever the bell rings for her.
“It is so humbling for all of us” to meet a woman facing such a challenge, he continued.
He said there were many failures in Ms Rudzone’s case: “She is afflicted with the worst excesses of ill health and now the victim of cancer.”
He told the court: “In 2018, there was opportunity to identify that things were not good in the cellular profile that came with the smear.”
He said her results were “under reported, it was misreported” in reality. He said it was “high density cells” and unfortunately no detection of cancer was made.
“So, failures began in 2018 and continued in 2019, in 2020, and 2021 and at all times there were ample opportunities to identify that this was malignancy that was about to declare itself on Evija,” said Dr O’Mahony SC.
“All these opportunities were not confronted, not appreciated and as a consequence of that, there was no urgency.
“Had she been treated from an early stage; her life would not have been lost.
“There were several examples of where the signs were not read which were glaringly obvious, red lights were flashing and the state crashed through all of those red lights and she was the victim and remained the victim throughout 2019, 2020 and 2021”.
He said the diagnosis for Ms Rudzone was “arrived in Riga in Lativa” and it was “a profound letdown to Evija in this land of saints and scholars.”
She was let down by “a bombshell repeatedly, to the point that matters had proceeded too far.”
In May 2022 she had a hysterectomy associated with cancer, “she became menopausal” and multiple treatments followed.
After the HSE’s apology was read out in court, Dr O’Mahony said a “substantial financial settlement” had been reached and it would support Ms Rudzones’ two daughters.
Justice Reyolds became emotional and wished Ms Rudzone well. She said: “It is what it is Dr O’Mahony I’m afraid. Some little comfort I’m sure at this stage. She unfortunately as a result of these matters is now looking at a very much shortened life."
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