Family of woman who died of cervical cancer settle case

The family of a 36-year old woman who died of cervical cancer has settled High Court actions over the alleged misreporting of her smear slide.

Cork hairdresser Julie Quinlan Dingivan was six weeks pregnant with her third child when she had to have a radical hysterectomy after she was diagnosed with invasive cervical cancer in 2013.

Her family’s counsel, Patrick Treacy SC instructed by Cian O’Carroll solicitor, told the court Ms Quinlan Dingivan’s cancer recurred over six months later and she underwent chemotherapy and radiotherapy but the disease progressed and she died on April 8th, 2017.

Ms Quinlan Dingivan had a smear test under the CervicalCheck national screening programme in 2009 which was tested in a US lab and came back with no abnormalities detected, counsel said.

Mr Treacy said it was their case that a 2014 review of the smear slide showed that the original report was incorrect, and the outcome was conveyed to a consultant gynaecologist two years later. Counsel said Ms Quinlan Dingivan was not told of the review outcome.

Her husband, Paul Dingivan, was advised 13 months after her death of the review result.

Mr Dingivan, of Fermoy, Co Cork, settled on confidential terms an action he brought on behalf of his family over the death of his wife. A separate nervous shock action against the HSE brought by Ms Quinlan Dingivan’s 21-year-old stepdaughter, Jasmine McCarthy, also of Fermoy, was also settled on confidential terms.

The settlements are without an admission of liability.

Distress payment

The case was before Mr Justice Paul Coffey for the division of the statutory mental distress payment of €35,000.

Mr Dingivan had sued the HSE and US laboratory Quest Diagnostics Incorporated which carried out testing of his wife’s smear slides taken under the CervicalCheck national screening programme in November 2009.

Ms Quinlan Dingivan’s sample was reviewed in the Quest Diagnostics laboratory and was reported back as being negative for a lesion or malignancy.

She was diagnosed as having invasive cervical cancer in May 2013.

Mr Dingivan was told of the review outcome in 2018.

It was claimed there was an alleged failure to correctly interpret or report the 2009 smear slide and that Julie was allegedly deprived of the opportunity of timely and effective investigation and management of her condition.

It was further claimed there was an alleged failure to advise Julie and her husband in a timely manner of the smear slide review result either prior to her death or before May 2018.

The claims were denied.

Approving the division of the solatium and noting the settlements, Mr Justice Coffey conveyed his sympathy to Mr Dingivan and all the family.