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Updated at 5.45pm
THE US LABORATORY at the centre of the cervical cancer screening controversy in Ireland sought a confidentiality clause in the legal challenge brought forward by Vicky Phelan.
The CervicalCheck scandal came into the public eye last month when Phelan, whose cervical cancer is now terminal, settled a High Court action against the HSE and
Clinical Pathology Laboratories (CPL) for €2.5 million over incorrect smear test results from 2011.
Ciaran Breen, Director of the State Claims Agency (SCA), spoke to the Oireachtas Finance Committee about the case today.
Breen described the situation as “tragic”, noting it “has had dreadful consequences for Ms Phelan and her family”.
“I want to assure the committee that, at every stage of our involvement in this case, we have been acutely aware of the consequences, trauma and pain Ms Phelan and her family have suffered, and continue to suffer.
“In carrying out our statutory role in managing this case, we have been mindful of the need to ensure that, wherever possible, nothing we did would add to the suffering of Ms Phelan and her family.
“In managing personal injury litigation taken by persons against the State, we never forget that our work frequently involves the management of difficult, complex and traumatic cases taken by persons who have suffered injury, sometimes of a catastrophic nature.”
Breen noted that the SCA had a role in Phelan’s case because one of the parties she took a case against was the HSE, which is one of the agency’s clients. The case was also taken against the US laboratory that carried out her smear test, CPL.
“We managed the case on behalf of the HSE but the US laboratory had separate legal representation and a separate legal strategy,” Breen stated.
“The primary legal issue in the case centred on the alleged misreading of Ms Phelan’s original smear test. The US laboratory accepted that legal liability for this issue rested with it alone and that the HSE was not legally responsible for the misreading.
As part of the US laboratory’s defence of this issue, its lawyers sought a confidentiality clause that would have restricted Ms Phelan from disclosing details of the settlement of the case.
Breen added that the SCA opposed the use of a confidentiality clause in the case.
“Our view is that the US laboratory’s insistence on a confidentiality clause was a significant factor in the failure of the attempt to resolve the claim through mediation.
“Mediation is our preferred route for resolving cases of this nature as it would have eliminated the need for court hearings or a contested court action,” Breen stated, noting that 98% of all cases managed by the SCA are resolved without the need for a contested court hearing.
Inquiry
Meanwhile, the Cabinet has been discussing the terms of reference of the scoping inquiry into the CervicalCheck scandal.
Health Minister Simon Harris also informed the Cabinet of his intention to appoint a new HSE board and introduce legislation to allow this.
RTÉ News is reporting that ministers Finian McGrath, Michael Ring and Katherine Zappone told their Cabinet colleagues that Tony O’Brien, Director General of the HSE, should step down amid the growing controversy.
The scoping inquiry will commence this week and engage directly with Phelan and any other woman affected who may wish to have an input.
Speaking today, Harris said the investigation will be led by Dr Gabriel Scally, an expert from the UK. Dr Scally has had a distinguished career as a senior public health doctor and advisor with the UK Department of Health, as well as the NHS, and is currently the President of Epidemiology and Public Health section of the Royal Society of Medicine.
Dr Scally has also asked an international expert in women’s health, Dr Karin Denton, Consultant in Cellular Pathology North Bristol NHS Trust, to provide assistance in undertaking this review.
“We’ll be appointing a UK-based medical expert and gynaecologist to come to Ireland to try and ascertain answers to these very important questions,” Harris told reporters.
He said that Phelan would be informed of the progress of the inquiry.
Dr Scally arrived in Ireland today and will immediately begin his work. He will report back by the end of next month, setting out his findings, according to the Department of Health.
Scandal
Over the past two weeks, more information has continued to emerge about the controversy whereby women were told that they had normal smear test results in error. While not a test for cancer, a smear test that results in an abnormal reading can warrant further investigations to test for the presence of cancer.
It has since emerged that more than 1,500 women who developed cervical cancer did not have their cases reviewed by CervicalCheck.
The scoping inquiry due to be discussed by ministers today will independently establish the facts surrounding the controversy, including details of the non-disclosure to patients relating to CervicalCheck clinical audits and the management and level of knowledge of various parties including, the HSE and the Department of Health.
It will also examine the tendering, contracting, and operation of the labs contracted by CervicalCheck. Over the last week, it has emerged that three labs carry out smear test reviews – two are in the US, while the third is in Ireland.
Separately, there will be an international expert panel review led by the Royal College of Obstetricians and Gynaecologists, and the British Society for Colposcopy and Cervical Pathology. This will review the results of screening tests of all women who have developed cervical cancer who participated in the screening programme since it was established.
The Department of Health said this will provide independent clinical assurance to women about the timing of their diagnosis and any issues to their treatment and outcome.
As noted about, it’s intended that the inquiry will report to Harris in June.
The minister also brought his plans on mandatory open disclosure to Cabinet today. It is understood it is Harris’ intention to prioritise this, with a view to having it passed through the Oireachtas as quickly as possible. Harris believes this is the most practical legislative response to recent events.
The HSE’s CervicalCheck freephone helpline (open from 9am to 6pm every day) can be contacted on 1800 45 45 55 (from Ireland) or +353 21 4217612 (outside Ireland). More information can be read here.
With reporting by Christina Finn
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All full of vim and vigor to kick the can down the road. In the meantime women, worried women, can’t even get a call returned.
It’s all a game called cover up to them.
@Dave Doyle: what do you expect from the Cover your Arse Party?
@Gus Sheridan: The party kept in power by Mehole and the FF party
@Dave Doyle: You want to put abortion legislation in this guys hands? You comfortable with him making decisions on it if it’s out of the constitution? Same guy who paid hush money to women to avoid them telling others.
@Era ’tis: Legislation can be changed. It’s not so easy to change a constitutional article.
Resign Harris.
@George Costanza: what good would that do? He wasn’t minister when it happened I’d say the dept of health is o e of the worst to be minister of. I’m not w fan of any of them but in fairness to Harris he is not doing the worst job.
@Dara Smith: When before 2011 and Enda kenny made his pitch to the electorate health was big on his agenda. He made serious committments to the people. FG were duly elected. Since then not one of FG’s committments have been delivered. In fact the Public Health Service is in a worse state now than ever. FG set out to destroy it. And is doing a very good job of it. It doesn’t matter to them that the body count keeps growing, it’s only the pleb’s bodies.
A public health service has no place under neoliberal government. This is FG’s guiding principle. The ministers job is to cast the Confundus Charm on the public. In that he’s succeeding.
@Dave Doyle: totally agree but sacking Harris will do what? It’ll take time for a replacement then the holidays. The health system needs radical change.
@Dave Doyle: Spot on analysis!
Leo keeping his head down – was he not minister for health while this was going on – he should take more heath for this than Harris
@Oliver Francis: Harney and Reilly too. Harney was the one responsible for sending the program to the US.
Big whitewash by harris and co.out with him.
Let’s have a white paper followed by a green paper then bring to a committee then discuss in the dail then produce another white paper that should sort it.
@Damian Moran: would another mass help
@Damian Moran: What about an election?I think the time has come.
@Damian Moran: Is there anything to be said for another tribunal? A report perhaps into the findings of that tribunal in 2031? . Compensation for the victims in 2049.
“Action this day!”
1. Sack O’Brien
2. Assign MORE staff to ring waiting women
@John Flood: maintaining his cv he won’t be sacked, he has the dirt on the cuts and who ok ‘ed them.
The Minister can set up all the Inquiries he likes but as heretofore they will come to nothing. Key players in the various debacles of late in various State Bodies develop memory loss, lose records, are unable to answer simple questions, use delaying tactics, and walk away with their pensions intact. The result is a half baked incomplete document of no consequence.
No accountability as usual. No one will be punished and another enquiry is empty route.
@saoirse janneau: *en route
We must be the world leader in Inquires, Tribunals, Commissions and we probably can expect to stay top for a long time ! How Depressing
@Johnny Mason: FG have replaced ‘to do’ with ‘to scope’. Lets hear it for Scoper Harris and Scoper Murphy
@andrew: I wonder how much consultants were paid to come up with that…
Appoint a HSE board and pay each of them six figures…
I wonder how much access this expert will be given
Mr Harris needs to set up an all party management committee plus bring in top nurses and doctors to sort the entire Health system it’s a shambles .
@Donal Carey: Why would he want to do that? The only reason we are forced to pay exorbitant private health insurance is to avoid being caught up in a dysfunctional public health system. If it actually worked and delivered a first class service to the people of Ireland who have funded it for decades, the private health service would not be able to operate the way it currently does under the market driven ideology of FG/FF government.
@David Knight: Or it could be that the Gov and its unionised, unsackable PS workforce are incapable of running anying properly despite ample funding. We need to get PS career bureaucrats and know-nothing ministers out of the business of meddling in health care
@David Knight: I really think the day has come where everyone has to pay something the day has to come .
UK expert……. like the ones destroying the health service and Tusla at the moment?
We know what happened. So, what’s the point of an enquiry. If Harris wants more info all he has to do is ask Vicki Phelan and her solicitor. In the meantime, get a reliable laboratory to do the tests more frequently. Treat women with respect. Let them know their results asap. Then take action in good time. It’s know as efficiency. Don’t employ idiots like O’brien who clearly is an arrogant idiot. He should be in jail.
@Peter Martin: No we don’t. The lab in question in the states was reliable, internationally accredited and it’s false negative rates were within expected parameters. There is no benefit to more frequent screening. The test in question is a screening test and is not and can never be 100% accurate – that’s why its a screening test. We do take women’s health seriously hence the existence of a comprehensive cervical cancer screening and HPV vaccination programme. The problem we have on this story is the tremendous amount misinformation that’s out there.
Retest all women from 20 to 60 more carefully with a double review system. Introduce a more effective screening test. Introduce a statutory code of full disclosure and candour. Increase HPV vaccination of boys and girls to 95% level. Treat women’s health as properly deserving of necessary priority. Respect women and commit full and adequate resources to their health.
Every woman in the country should take to the streets in solidarity and tell this government it is killing innocent people and it has to stop
Can we please take 60 seconds to consider that a Yes vote in the upcoming referendum will take the protected aspect of abortion out of the Constitution and put it directly into the hands of government to do with, literally, what they want. Whether that suits their election spin or whatever agenda they might have. Also, consider, a future, less considerate government can change it to any extreme if they so wish. Do we want these loose agendas for our mothers, sisters, daughters? Consider for a moment that this government, only this week, has paid off some women with cancer to avoid them telling other women who may also have cancer and need treatment today just to try too avoid a scandal? (Which tgey made a bollix of) And this government 6 months ago was going to build a hospital on church grounds and hand that hospital over to the church, for free. Is this what we want? Wouldn’t an amendment to the Constitution for serious cases be better than handing it over to the government? Please vote No
@Era ’tis: please don’t distract from the cervical cancer issue.
The only connection is that the 8th Amendment and the cervical cancer tragedy have in common is the disrespect and disregard for the life, health and welfare of women, pregnant and non pregnant.
All the enquiries in the world won’t fix the gross incompetence in this gov. What’s needed is action.
So the inquiry about outsourcing medical care in Ireland will be outsourced…
How about every contractor with the HSE in future signs a contract saying that they give up their rights to seek NDAs? They have no place in a public health system.
Inquiry or enquiry?
The HSE board and the Government should resign they are a embarrassment to Ireland
If this were the states there’d be a huge class action but it’s not permitted here
In all fairness to Harris he was handed this bag of shit from the last Minister of health.Who’s party got it from the FF… They are all as stupid as each other and couldn’t run a piss up in a Brewery..
@Dave Walsh: I agree he was handed this but O Reilly FG , and Leo FG had it before him they have actually managed hunt some of the best Doctors an Nurses out of the Country I think between FF FG they have crippled the health system you have to think both leaders were health ministers.
I would hope mandatory disclosure would be introduced to all aspects of health care in Ireland . On a personal note there is a culture of non disclosure in hospitals where is the learning when this goes wrong . I have observed in my view damage limitation by approach taken in a meeting with Clinical Director and Ceo UHK and failure to investigate a complaint which states non disclosure of medical facts to patient which involved risk to patient, risk not balanced presenting following surgery with severe sepsis to Hospital. I feel there should be responsibility accountability and transparency within the Health Service
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