A woman who was diagnosed with invasive cervical cancer in 2013, just over a year after her cervical smear sample was incorrectly reported as not abnormal, has sued for damages in the High Court.
More recent scans had shown “something suspicious” in her liver about which she is to have a consultation shortly, her counsel Patrick Treacy SC said. Counsel said their case was she probably had early stage cancer in February 2012 and, had that been identified and treated speedily, the outcome would have been better, it was unlikely the recurrence would have happened and her expected survival rate would have been more than 90 per cent.
Their claims include damages for personal injury, loss of earnings and loss of marital relationship arising from the woman being unable to have sexual intercourse. Because she was experiencing profuse vaginal bleeding during 2012 and 2013, there was “no reality” to seeking a repeat smear and his side were claiming aggravated damages over the contributory negligence plea.