A Taoiseach’s Promise

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Emma Mhic Mathúna at the Standing 4 Women rally outside Leinster House last night

A lawyer representing Emma Mhic Mathúna has told the High Court that the Health Service Executive is contradicting what has been said by the Taoiseach and the Minister for Health by defending the case taken by his client.

Senior Counsel Patrick Treacy said that Ms Mhic Mathúna, who is terminally ill following misreading of smear tests taken in the CervicalCheck screening programme, should have been brought in for a mandatory colposcopy following a smear test taken in 2010.

Patrick Hanratty, for the HSE, said it feels it is being pushed into an admission of liability before it has fully investigated the case and it understands that Ms Mac Mathúna has not even had time to fully prepare her case….

Mhic Mathúna ‘torment’ at HSE not accepting liability (RTÉ)

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32 thoughts on “A Taoiseach’s Promise

  1. Daisy Chainsaw

    It’s the Fine Gael way. Delay proceedings and push the woman to the brink of death, then get her to sign for a less than ideal agreement because if she’s dead she gets nothing. Ask Bridgid McCole’s family.

    1. mildred st meadowlark

      Disgusting tactics but no surprise.

      I sincerely hope Emma beats them. The people of Ireland have shown what we’re capable of. We need to stand behind her now and give her all the support she deserves.

    2. GiggidyGoo

      And it IS FG that are delaying it. The HSE’s bosses are the Government, The Health Minister and the Department of Health. The buck stops with Harris and the government.

  2. RuilleBuille

    Not a bit surprised at that news.

    After all it was only a while ago they tried the rope-a-dope scam on her but she was too wise to fall for it.

  3. Cian

    Sigh. 16 years ago the State took the majority of the liability for all the institutional abuse cases. This has cost us over €1,500 million; the church has stumped up only €200million (12%).
    Everyone gives out that the State let the church off the hook.

    Today, you are clamouring for the State to accept liability for misread smear tests.

    Tomorrow, you’ll be giving out that the State let the US laboratories off the hook.

    Be careful what you wish for.

    1. dav

      sigh, blushirts showing their lack of empathy, allied to their inability to see the difference between this issue and institutional abuse..

      1. b

        I think the women should get help and quick & fair redress

        I don’t think the state should admit legal liability for something that they are not at fault for and could amount to a blank cheque for future cases

        Empathy is free and easily given, just like a broadsheet comment

    2. newsjustin

      Cian makes a good point. But I couldn’t help being struck by:

      “Patrick Hanratty, for the HSE, said it feels it is being pushed into an admission of liability before it has fully investigated the case and it understands that Ms Mac Mathúna has not even had time to fully prepare her case….”

      Time. They haven’t have enough time. I suspect Ms Mac Mathúna and others in her situation know the feeling only too well.

    3. realPolithicks

      Sigh right back at you there Cian with your constant defense of these guys, you’ve been on this since day one and although you continue to claim you have no self interest it is difficult to believe at this point.

      1. rotide

        What do you actually think Cian is not being honest about here?

        Do you think Simon Harris and the HSE collectively changed these womens test results and laughed themselves to sleep at the thought of another woman off the register?

        Im curious to think what actual blame you are levelling at them. Seeing as the courts didnt find any

    1. Cian

      Yeah. And they said the State will pay the women’s medical costs and discretionary medical card, as well as being exempt from the prescription charge. Free counselling is also to be given to the women.

      On the question of a redress scheme – they said this should be dealt with by mediation not in the courts. But Emma has the HSE in court – not the other way around!

      1. dav

        yes, it’s the dying woman’s fault. picking on the poor blushirt health minister, causing him no end of distress. How heartless is she?

          1. dav

            But it is her fault for having the HSE in court, not the HSE terminally ballsing her medical care, eh?

  4. Dr.Fart MD

    but but but the ladies fancy Harris now after he swung in late on the 8th ref! … bleedin dopes *rolls eyes up and leaves the country*

    1. Nigel

      Seriously. Grow up. ‘Oh no they like him when he does a thing they think is good and don’t like him when he does something bad’ isn’t the headwrecking cognitive dissonance you;re making it out to be.

  5. b

    Quite why the HSE should accept liability here is unclear? Vicky Phelan didn’t even get that from the courts

    “A woman who is dying of cervical cancer and who sued over a smear test carried out seven years ago has settled her High Court action for €2.5 million. The settlement, made without admission of liability, was against Clinical Pathology Laboratories Inc, Austin, Texas. Vicky Phelan had also sued the HSE but the case against it was struck out.”

    I fear she may be overplaying her hand here, hopefully not being egged on by the politicians appearing with her regularly.

      1. Cian

        Or a lawyer eyeing up his cut of a €2.5 million settlement. If it went to mediation he’d get SFA.

        1. Andy

          This.

          But I also wonder how solid the case is.
          – The barrister was making political points in court yesterday which the judge warned against
          – The judge also questioned why the plaintiff had brought yesterdays proceedings to court at all. He questioned why the plaintiff’s legal team was in the court when what they were doing (informing the defendant of a deadline) was typically done by simply sending a letter or email to the defendants legal team.

          Overall, this smacks of them trying to run a showtrial and force the govt to make the HSE to settle with the victim.

          After-all, in the Viky Phelan case it was the lab that was liable, not the HSE.

          I imagine this ladies legal team know damn well there is no way the lab will settle without the facts trashed out.

  6. Peter Dempsey

    The media are like bloodhounds. It seems that they want to see someone hang, be sacked, take a fall MORE than they care about the people in the story.

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