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The HSE and a US laboratory have told the Superior Court that they “deeply regret the pain, suffering and untold loss” experienced by the family of a woman who died of cervical cancer.
oife Mitchell Creaven (40) had to terminate her much desired IVF pregnancy at 20 weeks after discovering she had terminal cervical cancer.
Three years after his death in 2015, his family was informed that a CervicalCheck audit of his 2011 smear test performed under the national screening program showed a change in interpretation of the original result that no abnormalities were detected.
Her husband filed a concussion lawsuit over the death of his wife and the alleged misinterpretation of her 2011 smear slide.
His action included a claim for the costs of future surrogacy. The court heard that he hopes to use the couple’s frozen embryos to fulfill his deceased’s wife’s wish for a child through surrogacy.
The case was opened yesterday and settled today.
In a statement to the court when the settlement was announced, the US laboratory and US CPL acknowledged that this “is an exceptionally tragic case that has had the most devastating consequences for Aoife, her husband Padraig Creaven. and Aoife’s family. “
He added: “We deeply regret the pain, suffering and untold loss experienced by Aoife, Padraig and their family.”
The HSE also said it “reiterates its sincere and unreserved apology” to Mr. Creaven for the failure of the CervicalCheck program to timely and adequately communicate the results of an audit that indicated a change in the interpretation of his wife’s defamation taken. in August. 8 of 2011.
Noting the settlement, Judge Deirdre Murphy said she would like to express her condolences and condolences to Mr. Creaven and the Mitchell family.
The judge said the court was particularly impressed by the opening of the case, where it was stated that Ms Marcella Mitchell had traveled to London with her daughter Aoife for the termination.
The judge said that one can only imagine how terrible it was for the mother and daughter.
Outside of court, Mr. Creaven of Menlo, Galway said he was happy to have received recognition from HSE and CPL.
“I feel like I have a bit of justice for Aoife,” he said.
She added: “I hope that in the future there will not be more women who lose their lives before the system changes.”
He wanted to thank Aoife’s family for all the help and support for him and his late wife “during an unimaginably difficult time.”
The details of the agreement are confidential.
Her case against HSE, three labs and one hospital focused on the alleged misinterpretation of the woman’s 2011 cervical smear sample taken under the national CervicalCheck screening program.
The court heard that the couple had been “deliriously happy”When IVF treatment was successful after several unsuccessful attempts.
However, it was short-lived and Ms Mitchell Creaven discovered she had terminal cervical cancer after discovering a lump on her neck in January 2014.
She and her husband had “the most extraordinary and difficult dilemma” and the “necessary course of action was to terminate the pregnancy,” the family lawyer said.
Because such dismissals were illegal at the time, the couple decided they would have to search outside of Ireland.
Mitchell Creaven and his mother went to London in mid-March 2014 and the dismissal occurred.
After that, the couple tried to find something to prolong Aoife’s life, but she died in 2015.
Mr. Creaven, on his behalf and on behalf of the Aoife family, sued HSE and three laboratories, Sonic Healthcare (Ireland) Ltd, with offices in Sandyford Business Park, Dublin; MedLab Pathology Ltd also of Sandyford Business Park and the American laboratory Clinical Pathology Laboratories Incorporated (CPL) of Austin, Texas. He also sued Coombe Hospital in Dublin.
Complaints were made against the HSE and the three labs that failed to report that the 2011 smear was abnormal and Ms Mitchell Creaven was allegedly deprived of the opportunity for timely and effective investigation and management of her condition.
A complaint was made against the hospital that concealed or failed to inform Mitchell Creavens in a timely manner about the result of a review of his 2011 smear.
All claims were denied.
Online editors
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