High Court judge to examine cervical cancer redress scheme

The Government is to ask a High Court judge to examine alternative approaches to compensation, including a redress scheme, for women affected by the cervical cancer controversy.

Taoiseach Leo Varadkar discussed the approach on Wednesday at Government Buildings with Vicky Phelan, who settled a High Court action against a US lab in April after her cancer was missed in a smear test three years before she was diagnosed with the disease.

Mr Justice Charles Meenan is to examine options for compensation for the women which would avoid a court process.

Speaking after her meeting with Mr Varadkar, Ms Phelan said: “The Taoiseach has promised me he meant what he said. The State is going to endeavour to settle all cases through mediation.

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“If mediation doesn’t work and the labs are contesting, an alternative dispute resolution mechanism will be sculpted out. Judge Meenan has been approached and will work on an alternative approach to what is currently happening in the case of Ruth Morrissey,” she said.

Ms Morrissey, who has breast and cervical cancer, is suing over the alleged misreading of her cervical smear tests. Her case came before the High Court this week.

“In Ms Morrissey’s case, the State Claims Agency has agreed to return to mediation task when her case returns in September,” she said.

Taoiseach Leo Varadkar confirmed that a redress scheme for women affected by was under consideration, saying that “perhaps mediation is not the holy grail or panacea that we thought it was a few months ago”.

Addressing Ms Morrissey’s case, Ms Phelan said “I have been informed by the Taoiseach that the State Claims Agency have claimed that expert reports for Ruth were not ready and so an offer could not be made.

“Ruth’s legal team may well dispute these facts but I was very frank and brutally honest with the Taoiseach about how harrowing the courtroom is for women since I have already been through this. I was clear that I don’t want to see any more women being dragged through the courts.”

Ms Phelan noted Dr Gabriel Scally hoped to complete his report into the CervicalCheck controversy by September 1st.

Ms Phelan, who is terminally ill and announced prior to the meeting she was stepping back from campaigning, reiterated that any form of investigation would have to be public and the Taoiseach assured her it would.

“As people know, I want a public commission of inquiry and the Taoiseach confirmed this was his preferred option and if required, legislation will be brought forward to make sure it is public,” she said.

CervicalCheck has identified 221 women who, on look-back audits after being diagnosed with cancer, were found to have received incorrect smear tests that could have resulted in different outcomes.

While Mr Varadkar confirmed that all 221 women affected by the controversy would qualify for some compensation, he declined to accept legal liability for all the cases taken against the State and the testing laboratories.