Woman (40) with terminal cancer receives apology over reporting of smear slide

The Health Service Executive (HSE) and a hospital have apologised to a woman (40) with terminal cancer over the reporting of her smear slide and for the “devastating consequences” for her.

The apology, which was delivered in a letter to the mother-of-three the day before her High Court action kicked off, acknowledges that the reporting of her smear test taken on November 3rd, 2004, “fell below a reasonable standard”.

Liability has been admitted in the case, which is before the court for assessment of damages only.

Her counsel, Jeremy Maher SC, instructed by Cian O’Carroll solicitor, said the woman has between six and 18 months to live.

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Counsel said that while obtaining the apology is of “real value” for the woman, whose cancer returned last November, it is distressing for her and her husband that the apology came just before the opening of her High Court case.

In the letter, the HSE and St Luke’s Hospital, Rathgar, Dublin, which tested the 2004 slide, apologised to the woman, who cannot be named by order of the court.

It said: “We acknowledge that the reporting of the cytology sample taken on Saturday, November 3rd, 2004, fell below a reasonable standard.”

The letter was signed by the general manager of St Luke’s Radiation Oncology Network, Jacqueline Robinson.

It added: “I unreservedly apologise to you for what happened and for its devastating consequences. I do not underestimate how difficult this has been for you and your family. I hope that you will accept this apology which is made with sincere regret.”

At the opening of the action, Mr Maher said the case was causing great distress to the woman and her husband and while they were in the Four Courts, they were not able to attend court.

He said the woman was in her early 20s when she had a smear test in 2004.

Counsel said it was tested at St Luke’s and reported back as negative when “in fact it was significantly abnormal”.

The pre-cancer in 2004, he said, should have been detected and, if it had, it would have been excised and “she would have been cured forever”.

Six years later in 2010, counsel said, the woman had another smear test and this was reported back as abnormal and she was referred for a number of procedures. She was diagnosed as suffering from micro-invasive squamous cell carcinoma. Further smear tests were clear until the summer of 2015 when metastatic cervical cancer was diagnosed.

Counsel said a significant factor was that the woman was five weeks pregnant at the time. He said it was a much-desired pregnancy and there were two serious concerns regarding her life and her pregnancy. The hospital involved had to take legal advice on the matter and the decision on treatment was not taken lightly, he said.

Counsel said the medical advice was the only way to save her life was to have chemotherapy, radiotherapy and brachytherapy and there was a loss of the pregnancy.

Counsel for the HSE, Patrick Hanratty SC, told the court, that once liability was admitted, the apology was presented to the woman “as quickly as we could.”

The case before Mr Justice Paul Coffey continues.