More than €1m to be lodged in court to buy home for Mhic Mhathúna’s children

More than €1 million is to be lodged in the High Court to purchase a home for the children of the late Emma Mhic Mhathúna, a judge has directed.

It has been decided to put off purchasing a house at the moment while the family continues to grieve for Ms Mhic Mhathúna, who died on October 7th, the court was told.

Ms Mhic Mhathúna and her children had last June settled their action over her CervicalCheck smears for €7.5 million.

On Tuesday, Mr Justice Kevin Cross made orders directing that the remainder of the €7.5 million award made to Ms Mhic Mhathúna (37) and her five children should be lodged in court.

Patrick Treacy SC, for the children, said it had been decided by the grandfather of the children, who are all currently living in Kerry, to park the question of a property purchase while the family grieve Ms Mhic Mhathúna’s death and attempt to deal with the trauma of what has happened.

Mr Justice Cross said he understood the family might not want to purchase a house at the moment, but he ordered the €1 million be kept in court pending future purchase of a house.

Peter Duffy, grandfather of the children, has given up his job as a financial advisor to look after them with his wife, who has also given up her job as a nurse.

Mr Justice Cross praised the lawyers for their work on behalf of the Mhic Mhathúna family.

Last July, the court was told she was to move near Dublin where she was receiving medical treatment.

At that time, Mr Justice Cross directed that a further €650,000 be released so she would have a fund of €1.75 million to buy a house near the capital.

In the family’s action, liability was admitted by the HSE and US laboratory Quest Diagnostics Incorporated.

Letters of apology from the HSE and Quest were also sent to Ms Mhic Mhathúna.

Mr Treacy SC, instructed by Cian Carroll solicitor, said the admission of liability by the HSE related to a 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.