Tag Archives: State Claims Agency

Ruth Morrissey and her husband Paul outside the High Court last month

Yesterday, Susan Mitchell, in the Sunday Business Post, reported that the State Claims Agency is to appeal the recent High Court judgment in favour of terminally ill mum Ruth Morrissey who has cervical cancer.

Last night, a statement released by Ms Morrissey’s solicitor Cian O’Carroll, on behalf of her and her husband Paul, said the first Ms Morrissey came to know about this pending appeal was the Sunday Business Post report.

Ruth and Paul Morrissey were awarded €2.1million damages last month over the misreading of  smear tests and the failure to tell her about it.

Ms Morrissey claimed that if her smear tests in 2009 and 2012 had been correctly reported, she could have been successfully treated and not developed terminal cancer.

The State Claims Agency has said it is appealing the judgment and focussed on “a number of important legal points that may have significant implications for the State” but not the award of €2.1million to the couple.

Mr O’Carroll told Newstalk this morning that Ms Morrissey is “terribly upset” about the appeal.

State set to appeal landmark Morrissey CervicalCheck case (Susan Mitchell, Sunday Business Post)

Previously: ‘I Didn’t Think I’d Be In This Position’

UPDATE:

Limerick mother-of-two Vicky Phelan, who settled a case against Clinical Pathology Laboratories Inc, Austin, Texas, for €2.5million last year, has tweeted her thoughts on news of the appeal.

Ms Phelan, who refused to sign a gagging order about her case, was diagnosed with terminal cancer following a cervical smear test error.

Following her case, it later emerged that more than 200 women diagnosed with cancer were not informed of an audit which revised their earlier, negative smear tests.

Ms Phelan tweeted:

Previously: Vicky Phelan on Broadsheet