The sisters of a woman who died from cervical cancer 10 years ago have settled a High Court action against the Health Service Executive.
Mary Walsh (39), an accounting technician from Waterford city, died on December 11th, 2015, months after being diagnosed with Stage 4 cervical cancer.
Patricia Carey, of Kilmeaden, Co Waterford, and Julie Keyes, of Tramore, Co Waterford, sued, claiming there was an alleged failure to properly and correctly interpret or report Ms Walshâs smear sample, taken on November 18th, 2008, under the national screening programme.
It was further claimed there was an alleged failure to diagnose or report that the smear sample was abnormal. All of the claims were denied by the HSE.
Jeremy Maher SC, appearing for the sisters and instructed by Cian OâCarroll solicitors, told the High Court that Ms Walsh was not diagnosed with cancer until June 2015, six months before her death.
The terms of the settlement are confidential and the case was before the court for the division of the â¬35,000 statutory mental distress payment.
In the proceedings, it was claimed that Ms Walsh had a cervical smear test in November 2008 as part of the national cervical cancer screening programme. The sample was reported as negative and a repeat smear in three years was recommended.
In June 2013, she had a repeat smear test. The result came back reporting the sample as inadequate and a repeat smear test was advised for three months time.
It was claimed that in April 2014, Ms Walsh had a further repeat smear and this was reported as negative. Another smear in three yearsâ time was advised.
A subsequent HSE review of the smear samples upheld the original findings for the 2013 and 2014 slides, but it is claimed the smear slide of November 2008 was not reviewed.
It is also claimed there was an alleged failure to care for Ms Walsh in a proper skilful, diligent and careful manner, and an alleged failure to use reasonable skill care and judgment when reviewing her smear sample taken on November 2008.
It was contended that Ms Walsh was deprived of the opportunity for timely and effective management of her condition and the opportunity for treatment at a time when her disease was amenable to curative treatment.
It was further claimed there was an alleged failure to advise Ms Walshâs sisters of the outcome of the review of their sisterâs smear samples.
Ms Walshâs cancer, it was contended, was allegedly allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2015.
Mr Justice Paul Coffey extended his deepest sympathy to Ms Walshâs family on what he said was a tragic case.
