Family of Tipperary mother who died from cervical cancer settle action over her death

The hospital said its investigation had shown that aspects of the care did not reach the standards that should have been expected

The court heard that the case had settled and was before the court for the division of the €35,000 statutory mental distress solatium payment. File picture: RollingNews.ie

The family of a 33-year old Tipperary mother who died of cervical cancer has settled a High Court action over her death.

University Hospital Galway, in a letter of apology to the family of Veronica O’Meara, said its investigation had shown that aspects of the care received by the woman 14 years ago did not reach the standards that should have been expected.

“For this I offer sincere apologies,” states the letter to Veronica’s family from hospital general manager Chris Kane, which was read to the High Court.

“Please accept my sincere apologies on behalf of the hospital.” 

Jeremy Maher, for the family, said the case arose from the tragic death of Ms O’Meara, of Cahir, Co Tipperary.

Cervical smear test

Ms O’Meara went for a cervical smear test on January 15, 2008, which was sent for review to the Galway hospital. It was reported as showing no abnormalities and a routine recall was recommended.

In October 2009, Ms O’Meara was diagnosed with small cell cervical cancer which was at Stage 3. She underwent chemotherapy and radiotherapy and died on December 19, 2011.

Counsel said when her daughter, EllaMai was born in 2007, Ms O’Meara had given up her job to care for her.

But “tragically, Ellamai was only four years of age when her mother died,” Mr Maher said.

He said Patrick O’Meara looked after his wife with “most exceptional tenderness” and after Veronica’s death looked after their daughter.

Counsel said the 2008 smear test had been reported back as showing no abnormalities. It was their case that if abnormalities had been detected in the January 2008 smear test, Ms O’Meara could have received treatment for the pre-cancerous cells. Instead, in 2009, she was diagnosed with Stage 3 cancer. 

Counsel said this was an “absolute tragedy for Veronica and her family". 

The court heard that the case had settled and was before the court for the division of the €35,000 statutory mental distress solatium payment.

Patrick O’Meara and daughter Ellamai had sued the HSE over the death of Veronica.

Test allegedly misinterpreted

In the proceedings, it was alleged that Ms O’Meara’s January 2008 smear test was misinterpreted. As a result, it was claimed, her cervical cancer was allowed to develop undetected, unmonitored, and untreated until her diagnosis in October 2009.

Had Ms O’Meara’s smear sample been correctly reported, it was claimed she would have been referred for colposcopy and her cancer could have been removed preventing a rapidly growing tumour from arising.

There was a failure to advise, treat, or care for Ms O’Meara in a proper, skilful, diligent, and careful manner, it was claimed.

Ms O’Meara had been deprived of the opportunity of timely and effective investigation and management of her condition, it was alleged.

It was further claimed she had been deprived of an opportunity of treatment at a time when her disease was amenable to curative treatment. 

Noting the settlement and the division of the solatium payment, Mr Justice Paul Coffey expressed his deepest sympathy to the O’Meara family.

‘This happened 14 years ago, but looking at you I can see the tragedy is still with you,” he said.