A 37-year-old woman with incurable breast cancer has settled a High Court action against the Health Service Executive (HSE), over her care at University Hospital Limerick, and a GP.
The woman, who cannot be named by order of the court, learned she had stage 4 breast cancer in late 2022, six days after the birth of her second child.
She received an apology in court from the UL Hospitals Group, which includes University Hospital Limerick, for a failure that resulted in a delay in the diagnosis of her cancer diagnosis.
A GP apologised for failing - during two consultations in 2019 and another in 2020 - to send her for genetic testing to see if she had the BRCA gene. The woman has the BRCA2 gene mutation and her mother died from cancer.
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The woman’s lawyers told Mr Justice Paul Coffey the case involved a significant issue of public interest in relation to people who have the BRCA gene. The judge noted the settlement, which came after mediation, and said the woman’s situation was heartbreaking.
Patrick Treacy SC, instructed by Cian O’Carroll solicitors, representing the woman, said her breast cancer was discovered after an issue arose with breastfeeding her newborn. She was referred for palliative chemotherapy, Mr Treacy said.
The woman and her husband had sued the HSE and a GP.
The woman was found to have the BRCA gene in July 2021.
The HSE admitted a breach of duty in not performing an MRI in a timely manner after the woman attended at University Hospital Limerick in September 2021.
Her case alleged that had an MRI examination of her breasts been carried out in a timely manner, following her attendance at the hospital in September 2021, her tumour would have been detected at stage 1 and probably would have been curable.
A mammogram was carried out in February 2022 and, the woman claimed, had this been correctly reported her breast cancer would have been detected.
In an apology read to the court, the UL Hospitals Group said it wished to acknowledge a breach “in our duty of care to you” and that “this failure resulted in a delayed diagnosis which has had devastating consequences for you, your husband and your two children”.
It added: “For this failure we offer our sincere and unreserved apologies to you and to your family We are truly sorry that you will be denied the opportunity to be there to support your husband and children.”
To the woman’s husband and children, it said: “We are truly sorry you will not have the chance for many more years together.”
In a separate letter read to the court, the GP apologised for failing to refer her for genetic testing “during our consultations in September and October 2019 and for missing a further opportunity to do so in January 2020”.
The woman alleged that had she been referred for genetic testing in 2019 it is likely her breast cancer would have been detected on imaging between September and December 2021.
Speaking outside of court, after her case was settled, the woman said her family “will suffer the incalculable loss that I do not wish to dwell on” due to what she said were “multiple errors”.
The woman urged other people with a family history of cancer to insist on annual MRI scans and other radiology.