A mother of one who is terminally ill with cervical cancer has had her case adjourned at the High Court until the end of January 2019.
The 37-year-old woman with cervical cancer is suing the Health Service Executive and two laboratories over the incorrect reporting of two smear tests.
Ruth Morrissey and her husband Paul, of Schoolhouse Road, Monaleen, Co Limerick, are suing the Health Service Executive and the US laboratory Quest Diagnostics Ireland, which has offices at Sir John Rogerson’s Quay, Dublin, and Medlab Pathology, Sandyford Business Park, Dublin. The couple has a seven-year-old daughter.
It is further claimed that a review of the 2009 and 2012 smears took place in 2014 and 2015 with the results sent to Mrs Morrissey's treating gynaecologist in 2016, but she was not told until May this year of those review results which showed her smears were incorrectly reported.
The court has heard the HSE admitted it owed a duty of care to Mrs Morrissey, but not to her husband, and it admits the results of her smear reviews should have been made known to her.
The laboratories deny all claims.
Ms Morrissey suffered a recurrence of her cervical cancer this year and was also diagnosed with breast cancer.
Ms Morrissey’s counsel Jeremy Maher SC said she needs more time to have experts carry out further relevant and necessary inquiries in relation to smear slides. He said this was as a result of one of the defendants now denying causation of her cervical cancer as well as overall liability.
Mr Justice Kevin Cross, postponing until the end of January the trial which was to have resumed on Tuesday, said clearly difficulties had arisen and Ms Morrissey’s legal team was not now in a position to proceed.
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