A woman who claimed she would not have had to undergo chemotherapy or a right side mastectomy if her breast cancer was diagnosed in a mammogram carried out almost a year earlier has settled her High Court action on undisclosed terms.
Eileen Fennessy has sued the Health Service Executive (HSE) over alleged failure to diagnose breast cancer in a November 2011 Breast Check mammogram and alleged delay in diagnosis.
After day long talks on Friday, Mr Justice Kevin Cross was told it had settled and could be struck out.
Opening the case on Thursday, Patrick Treacy SC, for Ms Fennessy (69), a retired teacher of The Meadows, Piltown, Co Kilkenny, said her GP found a large mass in her right breast in October 2012 and referred her for an ultrsound and a biopsy.
She was shown to have a Grade 2 carcinoma, began chemotherapy straight away and had a right side mastectomy in April 2013.
Their case was the chemotherapy and mastectomy would not have been required if the correct diagnosis had been made when she had the mammogram in 2011, he outlined. “What was properly diagnosed in 2012 was there to be seen in 2011,” he said.
While Ms Fennessy is now cancer free, the underlying diagnosis for her was extremely serious and devastating, he added.
Ms Fennessy sued the HSE, which oversees the Breast Check National Breast Screening Programme, for alleged negligence and breach of duty. It admitted breach of duty but denied other claims.
The court was told Ms Fennessy had mammograms in November 2002 and 2004 which showed normal. She also underwent a mammogram on October 23rd 2009 and November 25th 2011, both of which were reported as showing no evidence of cancer.
In October 2012, she attended her GP who found a large mass in her right breast and referred her to Waterford Regional Hospital. A biopsy after an ultasound found a Grade 2 carcinoma.
It was claimed the mammogram of November 25th, 2011 was reported as normal but was in fact suspicious of cancer and Ms Fennessy should have been recalled for further investigation.