Ruth Morrissey to undergo radical radiotherapy, High Court hears

Ruth Morrissey, who has breast and cervical cancer and is suing over the alleged misreading of her cervical smear tests, is to undergo radical radiotherapy, the High Court heard today.

A medical report handed into the court today “offers hope”to the 37 year old Limerick mother of one, her counsel said.

Ciara McGoldrick BL said there has been a good response to chemotherapy and the cancerous tumour in Ms Morrissey’s pelvis had shrunk in size but is inoperable.

The medical report by Ms Morrissey’s treating oncologist indicated that 50 per cent of patients who undergo the radical radiotherapy have complete remission.

Counsel said Ms Morrissey is now to have radical radiotherapy and there will be no indications of the success of it until three months time.

Asking for the case to resume on August 12th, counsel said Ms Morrissey wanted the case to go ahead.

The proceedings were very traumatic but she was entitled to have them heard when she has capacity to take part fully, counsel said.

Ms McGoldrick said Ms Morrissey needs aids and appliances now and her home needs to be modified so she is comfortable during the debilitating radiotherapy treatment.

Mr Justice Kevin Cross was today updated on the condition of Ms Morrissey after a medical multi-disciplinary meeting on her case last Friday. It discussed if she would be a candidate for the radical radiotherapy which, if successful, could prolong her life further.

At the start of her High Court action last week, the two laboratories she is suing had sought to adjourn her case until the autumn because they contended medics would have a better idea then of Ms Morrissey’s life prognosis if she had the radical radiotherapy.

The laboratories submitted her prognosis was much better than originally thought.

Ms Morrissey and her husband Paul Morrissey of Schoolhouse Road, Monaleen, Co Limerick have sued the HSE and the US laboratory Quest Diagnostics Ireland Ltd with offices at Sir John Rogerson’s Quay, Dublin along with Medlab Pathology Ltd with offices at Sandyford Business Park, Dublin 18.

It is claimed there was failure to correctly report and diagnose, and alleged misinterpretation, of her smear samples taken in 2009 and 2012.

A situation, it is claimed, developed where Ms Morrissey’s cancer spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2014.

It is further claimed a review of the 2009 and 2012 smears took place in 2014 and 2015 with the results sent to Ms Morrissey’s treating gynaecologist in 2016, but she was not told until May this year of those review results which showed her smears were reported incorrectly.

The HSE has admitted it owed a duty of care to Ms Morrissey but not to her husband and it admits the results of her smear reviews should have been made known to Ms Morrissey. The laboratories deny all claims.

Ms Morrissey suffered a recurrence of her cervical cancer this year and was also diagnosed with breast cancer.

The laboratories today renewed their application for an adjournment and asked for the case to be put back to November.

Michael Cush SC, for Quest Diagnostics, said August was not a realistic time to continue the case.

He said the medics all agree it will be known in three months time when Ms Morrissey has a CT scan how she has responded to the radiotherapy.

Conor Halpin SC for Medlab said the case had been expedited because of concerns over risk of the person’s demise.

Counsel said that risk of demise had now diminished in this case and so too should the sense of urgency about it.

There was no reality for his side being ready to resume the case in August, he said.

Patrick Hanratty SC, for the HSE, said it will be ready for a September hearing.

Mr Justice Cross said it was a “ fraught case” and reiterated the benefit of mediation in a case like this.

The situation for Ms Morrissey is now “more hopeful” than earlier reports, he said.

He said any difficulty in relation to life expectancy in the case will be for him to decide and he will address it.

He thought it would probably be unfair to put the case back to November and fixed it to resume on September 18th.