Woman seriously ill with cervical cancer secures urgent court hearing

A woman seriously ill with cervical cancer has secured a hearing early next year of her High Court action over alleged misinterpretation of her cervical smear slides taken under the national screening programme.

Lynsey Bennett (32), a mother of two, is seriously ill and an urgent hearing of her action is required, her counsel Jeremy Maher SC told the court on Tuesday.

Counsel asked that an urgent early hearing in the new year be fixed for Ms Bennett, a lone parent of two girls aged 12 and seven years.

Ms Bennett, Ennybegs, Killoe, Co Longford, has sued the HSE; an Irish testing laboratory, Eurofins Biomnis Ireland Ltd, Sandyford Industrial Estate, Dublin; and a US laboratory, Quest Diagnostics Incorporated, New Jersey.

She had a smear test on February 3rd, 2010, which was sent to Eurofins Biomnis in Dublin. The test, it is claimed, came back as negative and another test was recommended in three years.

On December 16th, 2013, Ms Bennett had another smear test as part of the national cervical screening programme. That sample was sent to US lab Quest Diagnostics and, it is claimed, came back as showing atypical squamous cells of undetermined significance.

A smear test in 12 months was recommended.

On December 2nd, 2014, Ms Bennett had another smear test and the sample was reviewed by Quest Diagnostics. It is claimed the result came back negative and she was advised by CervicalCheck of no abnormalities and that a repeat smear in a year was recommended.

Bleeding

It is claimed Ms Bennett had another smear test in January 2016, which was tested at Quest’s US laboratory, and was told no abnormalities had been detected and she would be reminded to have her routine smear test in three years’ time.

It is claimed that, 11 months later, she went to her GP complaining of bleeding and was referred to hospital.

In January 2017, invasive cervical cancer was diagnosed and Ms Bennett had a hysterectomy and other surgery.

In March 2018, she was found to have a recurrence of cervical cancer.

It is claimed there was failure to correctly report or diagnose and an alleged misinterpretation of her smear samples.

Her cancer, it is claimed, was allowed to develop and spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in January 2017. It is claimed she has suffered and continues to suffer severe pain, stress, distress and upset and required multiple surgical procedures and extensive medical interventions and supports.

On Tuesday, Mr Maher said Ms Bennett had initiated the action last April and it was before the court for case management. He asked the court to consider a tight schedule for exchange of reports and documents between the different sides with a view to getting the case to hearing in January.

Mr Justice Cross fixed January 20th for the hearing, expected to last a number of weeks.

The timeline for the presentation of documents and reports was “ambitious” but the defence must be filed by December 4th, he directed.

Mr Justice Cross said he did not know what the situation will be in relation to coronavirus and the capacity for the court in January as there would be four legal teams involved. The parties will have to abide by the health regulations and the case could be mentioned on January 13th to discuss how the hearing will proceed, he said.