The grieving husband of a Defence Forces captain who died of cervical cancer has settled a High Court action over her death.
Mother of two Edel O’Halloran died two years ago on the day a mediation conference in relation to her own action over the alleged misreading of two of her smear tests was due to take place, the High Court heard.
Ms O’Halloran, a retired Army captain, was 59 when she died of metastatic cervical cancer.
Her husband, Roger O’Halloran, of Kinsale Beg, Youghal, Co Cork, had sued the HSE which was in charge of the CervicalCheck screening programme, and Eurofins Biomnis Ireland Ltd, with an address at Sandyford Industrial Estate, Foxrock, Dublin.
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After hours of talks on Wednesday, Mr O’Halloran’s counsel Patrick Treacy SC, instructed by Cian O’Carroll solicitors, told the court the matter had been resolved.
Earlier, counsel said that on June 9th, 2023, on the day of mediation between the sides in the action, Ms O’Halloran died, having been gravely ill.
Counsel said a further mediation had taken place since but had failed.
Ms Justice Leonie Reynolds, who expressed her sympathy to the O’Halloran family, gave time for the parties to have further talks.
On Wednesday, Mr Treacy told the court the case had been resolved and two statements would be read to the court and letters would also be sent to the O’Halloran family. The terms of the settlement are confidential.
In a statement to the court, the HSE expressed “sincere regret” on the untimely death of Mrs O’Halloran.
It said: “We do not underestimate how difficult a time this has been for you and your family and wish to extend our deepest sympathies on your loss.”
Eurofins Biomnis Ireland Ltd, which acquired Claymon Laboratories in 2015, in a statement to the court said it did not do the original screening of a 2010 smear test.
It admitted there was an omission in the reporting of the cervical screening which Claymon Laboratories conducted in February 2010, but said it made no admission in respect of causation.
The case centred on two smear samples taken from Ms O’Halloran in February and August 2010.
In the proceedings, it was claimed if the smear tests had been correctly reported she would have been treated by curative surgery and would not have developed invasive cervical cancer.
Instead it was claimed she underwent treatment with chemotherapy, radiotherapy and brachytherapy.
In October 2022, Ms O’Halloran was diagnosed as having widespread metastatic disease. It was claimed that by virtue of the alleged delay in diagnosis she lost the opportunity of cure and died on June 9th, 2023.
Ms O’Halloran, it was claimed, was deprived of the opportunity of timely and effective investigation and management of her condition.
It was also contended that Ms O’Halloran was allegedly deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment.
All of the claims were denied.
Noting the settlement, Ms Justice Reynolds commended the legal teams and said it was a case with complex issues. The judge said she hoped the family will now be able to move forward.
