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Significant out of court settlement for couple following misreading of three of her cervical slides


Posted in News on Thursday, November 25th, 2021

Orla Kelly and the medical negligence team were pleased to assist another deserving couple whose lives were changed by the CervicalCheck scandal.  This couple brought proceedings arising out of the misreading of three successive cervical slides in 2011, 2013 and 2014.  Extensive reports were gathered to demonstrate their extensive physical and psychological injuries.  The proceedings were complicated and hard fought by all three Defendants – the HSE, Clinical Pathology Laboratories Inc and MedLab Pathology Ltd –  who all denied liability at all stages, despite the fact not none of the three Defendants produced any evidence to say that were slides were not misreported and further despite that fact that the failings in the Cervical Check system were acknowledged by the Government and Dr Gabriel Scally’s Scoping Inquiry into the CervicalCheck Screening Programme.

Mediation was unsuccessful and we went to trial.  The case was opened in court but we reached a successful confidential settlement after one day of trial.  It was an unnecessarily long battle but thankfully we achieved a substantial sum of money to compensate the couple for their injuries.

Media coverage:

https://www.irishtimes.com/news/crime-andlaw/courts/high-court/woman-settles-action-over-smear-tests-on-confidential-terms-1.4692926

https://www.irishexaminer.com/news/courtandcrime/arid-40714760.html

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com if you would like more information.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.  Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.

Related Experts

Ernest J. Cantillon

Managing Partner

Orla Kelly

Partner

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