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Judge Encourages Cervical Cancer Patient and Lab to Resolve Dispute in Mediation

Saturday, August, 4, 2018

A High Court judge is encouraging a woman with cervical cancer and the United States lab Quest Diagnostics involved in her screening test to work toward a resolution through mediation.  The invitation from the judge came after the court was informed the woman might have only months to live, due to her cervical cancer diagnosis, as well as a breast cancer diagnosis.  However, more recently her condition appears to have improved and she might respond to treatment.


The lawsuit stems from Quest Diagnostics’ analysis of cervical smear tests from several Irish women.


The woman, who by court order cannot be identified by name, traveled to court with her husband and stated she did not want “death bed litigation.” She is seeking provisions for her medical care and for the rest of her life, which would be of no benefit to her or her family if she passes.


The lawsuit also identifies the woman’s HSE, as well as Med Lab, regarding cervical smears taken in 2009 and 2012.


One specialist stated the woman had only months to live and had reached the point of palliative care.  Another, though, later stated that curative treatment might be possible and the urgency of resolving the case has passed.


The woman has already undergone six cycles of chemotherapy and it will soon be determined if she is able to undergo radiation treatment.  However, according to her counsel, her original diagnosis remains and her life expectancy remains limited – which is why they are eager to move forward as quickly as possible with the lawsuit.  Her attorney called it “grossly unfair” to adjourn the case based on the supposed improved prognosis.