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A 73-year-old woman who had filed a High Court case against the HSE regarding cervical smear testing has died.
Joan Lucey passed away last night at her family’s home in Dingle.
Her family has said they will continue with the Superior Court case because “they want to seek justice for their mother.”
The retired nurse, from Dingle in Co Kerry, had sued HSE, Austin, Texas-based Clinical Pathology Laboratories Incorporated, and MedLab Pathology Ltd with its registered office at Sandyford Business Park Dublin.
Ms. Lucey’s action before the Superior Court focuses on two cervical smears that were carried out in 2011 and the alleged misreading, misinterpretation or misstatement of those tests.
She was diagnosed with cervical cancer in 2019. All claims have been denied.
Yesterday in the Superior Court the HSE and the two laboratories agreed to enter into mediation.
Ms. Lucey’s legal team had previously asked the court twice to begin mediation, as attorneys described her as “on her deathbed.”
The Lucey family released a statement yesterday to say the move was welcome, but regretted that so many applications were being brought to court.
It is understood that the mediation talks were moved forward as of Tuesday, when it became clear that Ms. Lucey’s condition had deteriorated.
Mediation discussions are ongoing at this time. However, it is not yet clear what impact Ms. Lucey’s death will have on her case.
Ms. Lucey’s attorneys first sought mediation in the case on November 19.
Today, Ms. Lucey’s son said the family is devastated by the passing of his mother.
Speaking from the family home in Dingle, Seán Lucey said his mother had put up an “incredibly brave fight.”
“We are devastated that our mother has not seen justice. It is devastating for all of us. She really hoped and wanted to see a conclusion to her case before she died. She also wanted to see that other women could benefit from her fight,” said Mr. Lucey .
He said the family was extremely disappointed by the delay in obtaining mediation: “This time last week, when the judge asked for mediation, my mother was sitting at the kitchen table cutting flowers.
“She wanted to see progress in her case and was so determined to get mediation. When they finally agreed yesterday, it was too late.
“There have been political compromises in the past, that women would not have to go through the courts, that mediation would take place.
“That commitment has not been fulfilled in my mother’s case. She was forced to spend the last week of her life fighting to get what she should have been entitled to.”
Mr. Lucey said his mother passed away peacefully at the family home last night.
“My two sisters and I were with her by her bed, holding her hand as she walked away from us.
“We were lucky to have that moment, as so many families have been denied that opportunity in these difficult times. We are grateful for that. She was a wonderful mother.”
Additional reporting Orla O’Donnell
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