The Plaintiff in this matter underwent a cervical smear in 1998 and was informed that the results of same were normal. However, unfortunately approximately one year later the she was informed that there may have been a mix up with a batch of cervical smears, including her own from 1998, and was therefore asked to undergo a repeat smear. This was carried out in July 1999 and was subsequently reported as abnormal. Further investigations were initiated and the Plaintiff was diagnosed with cervical cancer in September 1999. As a result the Plaintiff underwent a Wertheim’s hysterectomy in October 1999. Unfortunately following this operation the Plaintiff developed significant infectious complications with her wound which required extensive on-going treatment over the following months.
On foot of concerns which the Plaintiff held regarding the potential misreporting of the cervical smear which was carried out in 1998 she commenced medical negligence proceedings in 2003. Augustus Cullen Law took over the running of this matter in July 2011 at which stage it was clear that the case was being fully defended. Upon receiving instructions in this matter Augustus Cullen Law retained the necessary experts in order to prove the Plaintiff’s case and set about readying it for trial. It was clear from the expert evidence which we obtained that had the 1998 smear test been reported accurately, the Plaintiff would at that stage have been diagnosed as having a pre-invasive lesion which would have been readily treatable in a minimally invasive manner. She would therefore not have needed to undergo a hysterectomy and the complications which subsequently developed would also have been avoided.
An application was made to the High Court in July 2013 to have the case listed for trial and the High Court fixed the matter for hearing on the 4th December 2013. In advance of the trial settlement negotiations took place between the parties and a significant settlement offer was made to the Plaintiff. The proceedings were settled on the basis of the compensation to be paid to the Plaintiff together with her legal costs in full. This represented an excellent outcome to what had been a complicated and long running matter.
If you have any further queries, please contact:
Neil Kidd, Associate Solicitor
12 February 2014