Ireland

Retired nurse who sued HSE over cervical smear tests dies

Joan Lucey was ‘a good lady and touched the lives of many for the good’

Joan Lucey’s funeral is to take place on Monday. Photograph: Undated handout picture from Cantillon solicitors, who are representing Mrs Lucey

Brian Hutton
Sat Feb 20 2021 - 15:01

A retired nurse who was suing the Health Service Executive (HSE) over cervical smear tests has died hours before mediation in the case started.

Joan Lucey (73), of Cooleen, Dingle, Co Kerry, was surrounded by her three children when she died on Friday night, according to Fr Michael Moynihan, parish priest at St Mary’s Church in Dingle.

The widow’s action against the HSE was due to be heard before the High Court next week but her lawyers sought mediation instead, saying she was “on her deathbed” and they were concerned large parts of her claim might die with her.

The HSE was reluctant to take part in a mediation unless two laboratories — Clinical Pathology Laboratories Incorporated (CPL), with headquarters in Austin, Texas, USA; and MedLab Pathology Ltd with registered offices at Sandyford Business Park, Dublin — also being sued were involved in the talks.

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“Death is sad at any time, but Joan had work to do with her own campaign, which makes it sad in its own way,” Fr Moynihan told The Irish Times.

“From our point of view, we are mourning the loss of a parishioner who was a good lady and touched the lives of many for the good. We offer our condolences to her family and will be praying for them.”

Fr Moynihan said Mrs Lucey died before midnight on Friday surrounded by her daughters Sinead and Eileen, and son Sean.

“She was a great supporter of the parish and parish events. She was a good lady and well regarded,” he said.

“She was nursing all her life, a district nurse here in the area, and then she was involved in one of the local schools as well, Coláiste Íde. She was well regarded. As a district nurse she would have touched the lives of many families.”

Mrs Lucey’s funeral is to take place on Monday, under Covid-19 restrictions, limiting mourners to 10 people.

Fr Moynihan said the Funeral Mass would be broadcast online so people “can unite in prayer with the family”.

Mrs Lucey had a wide circle of friends who would also be mourning her passing, he added.

She had sued over alleged misreading or misinterpretation or misreporting of cervical smears in February 2011 and August 2011.

In February 2011, she had a smear test allegedly tested by CPL under the supervision of MedLab which came back as negative with a recommendation for the repeat smear in six months.

It is also claimed Mrs Lucey was referred to the Scotia Clinic, Tralee, Co Kerry, on April 29th, 2011 where a swab came back as negative and she was advised she was HPV negative.

In August 2011, it is claimed Mrs Lucey had a repeat smear tested by CPL under the supervision of MedLab, reported as negative with a repeat smear recommended in a year.

It is claimed for the subsequent seven years Mrs Lucey had annual smear tests taken by her GP all of which were reported as negative. After a smear test and a HPV test in October 2018 were reported as negative in May 2019, she got a letter from CervicalCheck advising she had completed her cervical screening.

The retired nurse developed fatigue in late 2018 and lower back pain in May 2019, was later admitted to hospital for investigations and was diagnosed with cervical cancer in July 2019.

It is claimed, despite regular smear tests as advised, cytological cell changes in Mrs Lucey were allegedly allowed to develop and spread unidentified, unmonitored and untreated until her diagnosis with cervical cancer.

All the claims are denied.

Mediation had been due to start on Tuesday but was brought forward to Saturday morning at 10am because of the urgency in the case.

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