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LEAH FARRELL

Supreme Court agrees to hear appeal against judgement in Ruth Morrissey case

The government has said the appeal does not relate to the €2.1 million in damages and that the Morrisseys will retain that irrespective of the outcome.

THE SUPREME COURT has agreed to hear an appeal against the High Court’s judgement in the case taken by Ruth Morrissey – one of the women affected by the CervicalCheck scandal – and her husband.

In May the High Court awarded Ruth and her husband Paul €2.1 million in damages.

The judge 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 two laboratories, Quest Diagnostics and Medlab Pathology, and the HSE are appealing this judgement. Today Chief Justice Frank Clarke said the case can bypass the Court of Appeal and be heard directly by the Supreme Court.

Last month the State Claims Agency said the State’s appeal would relate to issues of primary and vicarious liability and absolute confidence definition.

It said the appeal would not relate to the High Court’s decision on the award of damages to the Morrisseys.

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    Mute Gerry Ryan
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    Jan 12th 2021, 7:43 AM

    One thing we can all be certain about is that in all matters that may embarrass the State or end up costing the State money the bottom line will be a meaningless apology, delivered by a politician who just needs to get past the awkward moment. We are very far from the Republican ideal that people gave their lives for unfortunately.

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    Mute Maurice Frazer
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    Jan 12th 2021, 9:10 AM

    As a member of the JustuceStardust48, we also got a “apology” from the Sate, a very hollow one from the safety of Parliament. These apologies mean nothing if the Sate does not support the victims and their families in their quest for justice.

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    Mute pabloeskabab
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    Jan 12th 2021, 9:06 AM

    Expect more of the same meaningless bull from mehole. Sorry but.. more of the same bull we got of Leo the leak.. more sorry but.. Can we trust Tulsa with the paperwork? Will anyone ever be sacked for the leak? Will the victims get quick justice and compensation this year or in 10years ? Can we trust any of our 3 great leaders to man up and finely do something right. Now the victims will have to listen to the bumbling empty words of mehole later today Watched on by the empty face of lieHole and the jollyGreen goon.

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    Mute Úna O Connor Barrett
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    Jan 12th 2021, 10:31 AM

    I’m still searching for my aunts baby after 15 years,no hope now.They have locked us out.

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    Mute Pauline Fedigan
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    Jan 12th 2021, 9:19 AM

    FAKE APOLOGY FROM A UNELECTED LEADER

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    Mute Shawn O'Ceallaghan
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    Jan 12th 2021, 9:26 AM

    @Pauline Fedigan: we don’t elect a leader. We elect someone who elects on our behalf.

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    Mute leartius
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    Jan 12th 2021, 12:05 PM

    I think the Irish independent always gets a exclusive story before every taxpayer funded investigation is published. With no convictions possible both church and state bodies still have one question to answer. Where are these children buried?
    Irish people living among us know the answer. Maybe someone will come forward after this investigation is published. Maybe the Gardaí could ‘double check’ that files weren’t hidden to protect institutions from victims. A couple of raids on council offices and church orders wouldn’t hurt.
    Can we live with ourselves knowing the unmarked children’s graves are all around us. That housing estates may have being built on them. We can’t close this chapter in our history until we bury these children with simple Christian burial.

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    Mute Margaret Kane
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    Jan 12th 2021, 12:04 PM

    These government ministers are heartless with no feelings they think saying sorry is enough its not for the women who were treated so cruel

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    Mute Joseph Duggan
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    Jan 12th 2021, 1:52 PM

    When you are apologising to those families that were destroyed by the laws of the land created by tds please berate the Catholic Church plus all the the tds who created the laws

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