Almost 370 CervicalCheck cases taken in the High Court up to last August
Ms Phelan’s case was settled against a US laboratory, Clinical Pathology Laboratories Inc, Texas, without admission of liability, for €2.5 million damages in April 2018. Her claim against the HSE was struck out.
Following Ms Phelan’s case, Ms Morrissey learned that a review carried out in 2014, which she was not told of until 2018, showed two of her smears taken under the CervicalCheck programme in 2009 and 2012 had been incorrectly reported.The Morrisseys took proceedings against two laboratories – Quest Diagnostics Incorporated and Medlab Pathology Ltd – and the HSE over misreading of her cervical smear tests.In July 2019, the High Court awarded the couple a total of €2.
The court allowed Medlab’s appeal over €575,000 damages awarded to Paul Morrissey to account for services which would have been provided to the family by Ms Morrissey were it not for her shortened life expectancy. The law in this area “may be potentially anomalous” but that was a matter for the Oireachtas, it said.
Asked on Monday about Ms Phelan’s legacy, Mr O’Carroll said: “Vicky Phelan was beautiful, brave, tenacious and an inspiration to everyone around her and hopefully she will remain an inspiration for a long time to come. She showed that when you stand up for truth and honesty, with courage, you can achieve a hell of a lot.”
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