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THE SOLICITOR REPRESENTING Ruth Morrissey, one of the women affected by the CervicalCheck scandal, has said she is upset that the State has decided to appeal the High Court decision in her case.
Last month the High Court awarded Ruth and her husband Paul €2.1 million in damages.
In his judgement, Mr Justice Kevin Cross found that the lab where the Limerick woman’s 2009 smear was read were negligent and in breach of duty.
He found that the lab that handled her 2012 slide failed to test it for adequacy before examining it for abnormal cells and that this was also negligent and in breach of duty.
The judge said in his decision that laboratories carrying out screening programmes should have “absolute confidence” in their decision if they are to give a slide the all-clear. He also said that the HSE had a primary liability in the case.
The Sunday Business Post reported revealed yesterday that the State Claims Agency, which is acting on behalf of the HSE, is planning to appeal the judgement.
‘Very upset’
A spokesperson for the agency said the appeal would be lodged today in respect of “a number of important legal points that may have significant implications for the State”.
The spokesperson said the appeal would relate to issues of primary and vicarious liability and absolute confidence definition.
“The appeal will not relate to the High Court’s decision on the award of damages.”
Speaking to TheJournal.ie, Ruth Morrissey’s solicitor Cian O’Carroll said neither he nor his client were aware the case was to be appealed before the news broke.
“I was speaking to Ruth again today and she’s very upset over the whole thing,” he said. The fact that six weeks had gone but, she really thought they weren’t going to appeal and that would be the end of it.
“She wants it to be over with, she just wants to spend time with her daughter and her husband.”
‘Who’s responsible?’
O’Carroll said he was particularly “annoyed” about the appeal in relation to the absolute confidence test as this was dealt with in the High Court case and the two laboratories had accepted that this is the test they use.
He said the HSE had an opportunity at this point to challenge it, but decided not to.
On the challenge to liability, O’Carroll asked “if the HSE is not responsible for the screening service, then who is?”.
They designed it, they rolled it out, they decided to wind up labs here and outsource it, they set the standards, wrote the contracts and supervised the labs. Now they say they’re not responsible because it’s an independent contractor.
He said the process is now likely to take “several months” though he hopes the Supreme Court would be “compassionate” and give priority to the case.
Minister for Health Simon Harris yesterday told RTÉ’s This Week programme that he would seek to protect the award in the mother-of one’s case.
“What I would like to see happen is to try and find a mechanism to protect Ms Morrissey’s interest from any appeal.
“She has been vindicated in the High Court in relation to her own case, and no-one should try to take that from her.”
He said the decision to appeal was that of the State Claims Agency and there was no political involvement.
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The HSE is arguing they are not in charge of the lab they contracted out to while the Minister in charge of the HSE argues he will ‘protect’ the victim from the HSE who he assures us he has no control over. Seems like no one is in charge of the HSE and the HSE is not in charge of anything and we should all for some reason be happy with that.
@Wade Wilson: Hundreds of managers, directors and executives in the loop and none of them responsible. If you tried to make up such a tall tale you would be looked upon as a mad person.
Billions of euros per year handed over to those clowns and none of them fit to run a sweet shop. It’s enough to make a billy goat sick.
Follow your words with positive action Simon and you will have my respect for once. You’re taking the right stance on this but please don’t just pay it lip service.
@Logan Shepherd: The state is a machine, it shows no emotion it is not controlled by the politicians, it controls itself. She might as well be dealing with the Terminator or Predator. If the state sees you as the enemy it is relentless.
@Chemical Brothers: but there are people who run that machine. People who lack empathy and humanity. It’s not completely faceless.
@Jane:
You’re absolutely right. And some like Michael Noonan in the past took it savagely personal.
We should never forget these dark days.
“It seems that a Minister who ought to have been primarily concerned to uphold the rights of a woman who had been fatally poisoned by a State institution was at least tacitly in agreement with the issuing of a threat to that woman”
Absolutely astonishing that simon harris is still in politics. Saw him on tv at the weekend. His hair is going grey, even his own brain is struggling with the huge burden on it trying to make him appear credible in the job.
@Adrian: Simon Harris should be removed from his position and never be allowed to hold any role with responsibility again.
I thought Leo said last year the state will not contest these cases. What a weasel!
Whatever state bodies are involved, its a gov telling the victim they want to protect her with one hand, and trying to prevent paying her, on the other hand. Publicly with her, privately against her.
@Adrian: You are conflating the elected government with the permanent government. One is elected the other has real power that it reserves mostly for covering its own rear after it has erred. Or more precisely covering the rear of the personnel within its ranks who have erred at the taxpayers expense.
Has this state no shame
It is absolutely horrible for Ruth Morrisey and the case should be given priority to avoid any further unnecessary hardship. That being said saying a screening test result should be given with “absolute confidence” is a terrible decision and could lead to the end of screening tests as that is not their purpose. I don’t see how they couldn’t appeal this decision.
Harris and Leo are a disgrace to humanity- words roll off their tongue with zero action or sincerity
Harris can spin this all he likes, but he, his department, and the state are an utter disgrace. They should be utterly ashamed of themselves at putting this woman and her family through this.
More empty words from the govt
Going against the mob here. Screening programmes have an expected error rate in detecting a cancer. If a court in Ireland requires 100% accuracy for screening then labs cannot provide such screening on the same commercial terms. The whole system collapses because it’s now accurate. An alternative would be to have no screening and then pay the unfortunate cancer victim a large compensation. State claims is separate to Hse or guards or army and like any insurance company, if there is an active case it forces all sorts of seeming unempathic behqviours.
This is not to excuse the mess around cervical scandal and informing women about their results.
@the-baldie-lad: you need to read the high court judgement the court does not require 100 per cent accuracy. There was negligence in this case screening programmes are as bound by the laws of negligence as anyone else
It’s an absalute disgrace that poor woman I’m from limerick myself and I can tell you not the health service here is a shambles I kid you not. 3 years 27 hosptial admissions still havnt a clue what is wrong with me.
I geniune feel so sorry for any woman given wrong smear results vicky phelan and
Ruth should be given a medal of honour for bravery. Respect
Amazing Simon Harris is still in charge
More lies from Leo the liar. People who vote for this liar and his lying party should be ashamed of themselves.
@Derek Poutch: Strong words and the Media are so kind to him their Love
No political involvement, PULL the OTHER ONE Harris.
Cian O’Carroll keeps cropping up in these HSE cases. Must have pocketed a fair few quid for his most sincere solicitations.
Simon Harris. Who is he trying to fool. Spin doctor supreme. He is the minister. This poor lady is being protected and need not worry.. Hmm not by Harris. They pay this guy. Resign .
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