CervicalCheck: Varadkar denies plans to indemnify smear labs
Taoiseach Leo Varadkar has refuted suggestions that work is going on “behind the scenes” in terms of indemnifying the laboratories who examined smear tests on behalf of CervicalCheck.
Speaking in the Dáil yesterday, Mr Varadkar said: “Discussions are ongoing with the laboratories as to how we can continue the cervical screening process.
“We all want cervical screening to continue. The one way to ensure that lives will be lost is if screening does not continue.
“What will not happen and what is not being considered is any sort of retrospective liability or the State covering retrospective liability.
“That is not something that is under consideration at all.”
Mr Varadkar said most of the services are “already back in Ireland, MedLab [Pathology] and the Coombe are in Ireland”.
“It is my view and that of the Minister for Health [Simon Harris] that when we go to procurement for the new HPV-based test, we will want to make sure the laboratories are of the highest of quality and standard,” said Mr Varadkar.
The new test, due to be introduced next year, is regarded as more accurate than the current smear-reading regime.
Meanwhile, Stephen Teap, whose wife Irene died of cervical cancer, said a proposal that the claims of women let down by CervicalCheck be heard by a tribunal would encourage more people to investigate whether their smears were misread. Two of Irene’s smears were misread prior to her death.
Mr Teap, a member of patient support group 221+, was reacting to the publication yesterday of a report by Mr Justice Charles Meenan recommending the setting up of a statutory tribunal to hear, in private, the claims of women affected by the CervicalCheck controversy.
Mr Teap said women had, up to now, been deterred from pursuing claims by the adversarial court process.
Under Mr Justice Meenan’s proposals, agreed written statements may take the place of oral evidence.
The judge said the tribunal established to deal with claims arising from CervicalCheck “could, with modification, have wider application to hear and determine other medical negligence claims”.
Following the report’s publication, Labour Party health spokesman Alan Kelly called on the State to provide support for women affected by the CervicalCheck scandal regardless of whether they go to court.
He said the Government and Mr Varadkar had “overpromised” when they said the State would take over the cases of all women affected and take over the labs component of those cases if necessary.
Mr Kelly said the proposed voluntary tribunal system is “not what was promised”.
He asked if the State Claims Agency would be utilised to assist patients with their legal cases.
The CervicalCheck controversy arose during a court case taken by Limerick woman Vicky Phelan when it emerged there were a number of women with cervical cancer who were not told they were part of a CervicalCheck audit.
It subsequently emerged that at least 221 women could have potentially benefited from more timely or more appropriate intervention if their smears had been read correctly by laboratories contracted by CervicalCheck.
There were calls for a commission of inquiry following the revelations, but Mr Justice Meenan has recommended a statutory tribunal, a recommendation which the Government will now consider.
Fight goes on
A house has still not been purchased for Emma Mhic Mhathúna’s children, the High Court has been told.
Ms Mhic Mhathúna, one of the women at the centre of the CervicalCheck scandal, died of cancer nine days ago. The 37-year-old mother of five had settled for €7.5m her action over her CervicalCheck smears.
Counsel Patrick Treacy SC said it was Emma’s wish that a house be bought in the names of her five children. At a previous court hearing further funds were released so that €1.75m would be made available for the purchase of a Dublin home.
Counsel asked the case be adjourned to next week when the court will be further updated on the matter.
Last July the court heard Ms Mhic Mhathúna was to move near Dublin where she was receiving medical treatment. At that time Mr Justice Kevin Cross directed that a further €650,000 be released to her so she had a fund of €1.75m to buy a house near the capital. Mr Treacy told the court it had been originally thought she would buy a house in Kerry but a house they had been intending to purchase there turned out not to be suitable.
Ms Mhic Mhathúna and her five children settled their legal action for €7.5m last June. Liability was also admitted by the HSE and US laboratory Quest Diagnostics Incorporated. Letters of apology from the HSE and Quest were also be sent to Ms Mhic Mhathúna.
The admission of liability by the HSE related to failing to disclose the findings of cervical cancer. Quest Diagnostics admitted misreading her two cervical smear slides in 2010 and 2013. The settlement followed mediation talks.
