A High Court judge has invited both sides in a case taken by a woman with cancer, who is in dispute with the US lab involved in cervical cancer screen testing, to accept mediation.
Mr Justice Kevin Cross issued the invitation in the case of the woman who has breast and cervical cancer and who the court was previously told may have only months to live. The court was told on Friday it now appeared the prognosis was “far better” and the woman may be able to have curative treatment.
The case was set for hearing next week but US laboratory Quest Diagnostics, which was involved in analysis of cervical smears of Irish women, had asked that it be put back until October as it emerged the woman may be able to have curative treatment and may have a more optimistic prognosis.
Jeremy Maher SC, for the woman, said she wanted her case to go ahead next week and did not want “death bed litigation”. She had travelled to court with her husband as the issue was so important to her, he said.
“It is about access to justice for this woman through the courts and to make proper provision for her for the rest of her life.”
There was no benefit for the woman after her death to find the court had found in her favour.
“It is about the entitlement of the citizen and the terrible situation she finds herself in to have access to justice.”
The woman, who by court order cannot be identified, has sued the HSE and two laboratories – Quest Diagnostics and Med Lab – in relation to cervical smears taken in 2009 and 2012.
Liability
Emily Egan SC, for Quest, said liability was seriously at issue in the case. Referring to medical reports, she said one had offered a guarded prognosis and the other, based on an examination of the woman’s legal case, indicated she was at the stage of receiving palliative care and the prognosis was months.
Another specialist was last week brought up to date on the woman’s condition and it now appeared she was to undergo curative treatment.
Counsel said it would be possible in three months to have a more informed view in relation to life expectancy. Ms Egan said there was a real risk of prejudice if Quest was pressurised into dealing with the case next Wednesday. The prognosis for the woman was now “far better and the urgency of the case has alleviated”.
Mr Maher said the woman did not want a “a death bed litigation” which, he said, was proposed if it was adjourned until October.
The woman has just finished her sixth cycle of chemotherapy and will find out if she can go on for radiotherapy, has breast cancer and cervical cancer, her life expectancy remains limited and that has not changed, according to her counsel.
Mr Justice Cross said he thought it would be “grossly unfair” to adjourn the case on the basis of an application her health had significantly improved. She was entitled to vindication of her rights from the courts when she is in as good health as possible. The judge invited the parties to mediate the case on Monday next.
If it is not resolved, Quest can renew its adjournment application on the hearing date.
