Emma Mhic Mhathúna Settles Smear Test Negligence Compensation Case against HSE and US laboratory for €7.5m

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Emma Mhic Mhathúna, a mother of five who was diagnosed with cervical cancer in 2016 after having previously received two incorrect smear results, has had a €7.5m incorrect cervical cancer check compensation action settlement approved.

The terminally-ill Ms Mhic Mhathúna, whose has five children between the ages of 16 and two years old, had taken the legal action against the HSE and a US laboratory used by CervicalCheck.

The court was told liability was accepted in the case by the HSE and US laboratory which carried out the testing, Quest Diagnostics lIncorporated. The Court was also told that the HSE and Quest will also be  issuing letters of apology to Ms Mhic Mhathúna.

Ms Mhic Mhathúna, speaking afterwards, said she was very proud to have achieved the settlement. “From the outset, I was determined to find justice for my children. The €7.5million, she said, represents the amount of damage done to them. It was for them I did this. I am not surprised it settled before it went to court. I am a very strong character and they realised what they were up against.

The settlement followed mediation talks which  began last Sunday. The court heard Ms Mhic Mhathúna wishes for all the money paid in to court for the benefit of her children.

She added that the admission of liability was important to her for all women. Counsel for Ms Mhic Mhathúna Patrick Treacy SC told the court the admission of liability was in connection with the failure to disclose the positive result in the cervical cancer check. Quest Diagnostics accepted that they did not read her two cervical smear slides correctly in 2010 and 2013.

He said Ms Mhic Mhathúna had undergone cervical smears in 2010, 2011 and 2013, the results of which were incorrectly reported. He said that the 2011 result was a false negative and the 2010 and 2013 slides were both read incorrectly and showed a negative outcome.

Ms Mhic Mhathúna is one of the 209 women with cervical cancer who were discovered to have received smear tests results that were incorrect during a clinical audit of historical tests by the CervicalCheck screening programme after their cancer diagnoses.

The 37-year-old Emma is among 162 of those who were only advised of the incorrect tests after Limerick woman Vicky Phelan settled her court case against a US laboratory for €2.5 million earlier this year