A seriously ill woman in her late thirties who claims her cancer could have been eradicated if the results of a cervical smear test had been correctly interpreted and speedily acted upon has settled her action for damages for some €500,000.
Counsel for the Royal College of Surgeons in Ireland told the High Court today it was "appropriate" to apologise to Ms Janet Donnelly for the distress, damage and upset that has arisen from the circumstances of the action.
Ms Donnelly (38), a mother of an eight-year-old girl and with an address in Cabra, Dublin, "has been sent home to die", the court was told yesterday.
Her counsel, Mr Martin Hayden SC said that, last week, she had given evidence from her sick bed while on a morphine drip for her case. Liability in the case was only admitted last night, Mr Hayden said.
The case was due to open today. Ms Donnelly had sued the Dublin Well Woman Centre Ltd and the Royal College of Surgeons, alleging incorrect interpretation of the smear test of June 24th, 1999 and failure to detect the presence of significantly abnormal cells.
The court was told yesterday by counsel for the defence that no liability attached to the DWWC.
Ms Donnell had claimed the defendants had falsely reassuring her as to her state of health, thus causing delay in her treatment of her cancer, "such delay causing the development of a cancerous tumour needlessly endangering her life and allowing the cancer to spread".
It was claimed that failure to correctly interpret the June 1999 smear test not only delayed diagnosis of her condition by up to eight months but also prevented the complete eradication of the disease which, it was claimed, would have been possible in June 1999.
As a result of the delay, Ms Donnelly alleged she developed cervical cancer and lymph node cancer. Complete eradication of the disease was possible in June 1999 but the aggressive nature of the tumour, it was claimed has diminished her chances of survival and reduced her life expectancy.
Before the case settled later this afternoon, Mr Hayden told Mr Justice Diarmuid O'Donovan that liability was an issue up until Monday night and it was thought it was going to be a "full fight".
Mr Charles Meenan SC, for the Dublin Well Woman Centre and Royal College of Surgeons, said it was appropriate for the Royal College of Surgeons to apologise to Ms Donnelly and her family.