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Terminally Ill Mother Of Two Settles Against US Lab

Terminally Ill Mother Of Two Settles Against US Lab

Vicky, 43, from Annacotty, was diagnosed with cancer three years after her smear test results of 2011 were incorrectly reported as being clear of any abnormalities.

In a statement, she said: "I would like this evening to announce that I have taken a decision to stand aside from my role as Clinical Director of Cervical Check with immediate effect". Limerick, was given less than a year to live in January.

Mr Justice Kevin Cross described Ms Phelan as the most impressive witness he had ever encountered.

He likewise applauded the two sides for the situation for the speed with which the case was taken care of.

The Health Service Executive demanded specific and detailed proof that Vicky Phelan had suffered any loss, inconvenience or harm as a result of the botched handling of her misread smear test, according to court documents seen by RTÉ's This Week programme.

She settled her High Court action against a United States laboratory for €2.5m on Wednesday.

The settlement with the United States laboratory for €2.5m was made without admission of liability.

A bit of the settlement will be paid into court and be held for the couple's two kids who are presently matured seven and 12.

"I said to him basically look, what has happened to me is terrible".

"There are a number of cases which are identical, as I said, they have gone on to develop cancer".

He said documents relating to an audit seemed "confusing" and there was no direct advice as to how it should be dealt with. I think that's important to say.

They will investigate if all 206 women were told by hospital doctors that they should have been called back for their cancer screening test to be checked.

"I just don't know how she can sleep at night".




He said this was "unacceptable" and an overarching body should have been instigated by the HSE to advise on this. "The Chair of the SIMT will present the review to the DG of the HSE".

Prof Shepherd also agreed during cross examination that there was no malice or lack of bona fides involved in the process.

After approving the settlement, Mr. J Cross turned to face Ms. Phelan and said: "if anyone can beat this, you can".

Earlier this week, she settled her High Court action against a U.S. laboratory for €2.5 million.

A week ago the High Court heard the spread trial of 24 May 2011 demonstrated no anomaly was distinguished and Ms Phelan was prompted by letter in June 2011 the spread test recognized no variations from the norm.

Dr Grainne Flannelly, clinical director at CervicalCheck, has resigned from her position after a smear test scandal revealed 206 women were wrongly misdiagnosed.

The latest Cervical Check figures were released after Vicky Phelan's case this week highlighted the issue.

"I asked were any women who had been included in the audit...had any of them died".

It was further claimed she was deprived of the opportunity of timely and effective investigation and management of her condition and deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment.

Detecting and removing abnormal cervical cells can prevent cervical cancer.

"It has helped reduce the cervical cancer rate nationally at a rate of 7% per year".

"A cancer diagnosis is one of the most, if not the most, hard experiences a person and their family can deal with".

The HSE said it wished to acknowledge Professor Flannelly and to formally thank her for "the enormous dedication, contribution and expert knowledge" that she brought to the CervicalCheck Programme over the past 12 years.

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