Settlement reached over alleged misreported smear test

The family of a 41-year-old woman who died of cervical cancer has settled a High Court action over the alleged misreporting over a cervical smear test three years earlier.

The woman who had two children cannot be named by order of the court.

Mr Justice Paul Coffey was told she endured excruciating pain before her death in 2015.

Lawyers for the woman said she had a smear test in 2012.

Senior Counsel Oonah McCrann said it was their case that this test was misreported and that if it had been properly reported the cell changes would have been picked up and the woman could still be alive.

The woman was not told before her death that a review in June 2015 had found the original slide had been misinterpreted and that the correct diagnosis would have shown borderline changes and would have led to a repeat smear in the following months.

The woman’s husband sued Clinical Pathology Laboratories, who are based in Austin, Texas, and the Health Service Executive.

Liability was denied.

Ms McCrann said the case had settled after mediation.

The court had to approve payments of €60,000 each to the woman’s children and the division of the statutory payment for mental distress of €35,000.