Cervical Cancer Case- Defendants alleged to be resisting mediating the case of a terminally ill woman.
Lucey v HSE and Clinical Pathology Laboratories Incorporated (CPL) and Med Lab Pathology Ltd.
A 73-year-old woman who has sued, the HSE and two separate laboratories, owing to an alleged misreading of her cervical smear slides has- through her lawyers, she has pleaded for mediation talks, with a view to resolving her action, the High Court has heard.
The Plaintiff, a retired nurse, who has terminal cervical cancer, has only a matter of weeks, to live her counsel advised the court.
Her case is listed to be heard in two weeks time.
Liam Reidy SC for the Plaintiff , advised the court that his client (Mrs Lucey) , has only a matter of weeks to live and that her legal team, have canvassed mediation with the defendants, on her behalf. Mr. Reidy however advised the court, that the defendant laboratories are resisting attempts at mediating, until a third party issue has been resolved.
Mr. Reidy submitted to the court , that “It is an absolute outrage in this case. She is on her deathbed.”
High Court judge, Mr. Justice Kevin Cross urged all sides to enter into mediation in this case, but opined that he could not force them to do so.
The Plaintiff, has sued in relation to the alleged misreading and/or misinterpretation and/or misreporting of her cervical smears taken in February 2011 and August 2011.
All the claims have been denied, by the defendants.
It opens up the question should mediation be imposed on parties, in such actions, on account of the seriousness of the matter, the urgency involved, and the obvious prejudice of delays- such claim would ultimately fail on the death of the claimant, save for any dependency based applications of the claimants dependents.