Early trial date urged as young mother with cervical cancer takes action over smear tests
A 32-year-old mother of two with cervical cancer has launched a High Court action over the alleged misinterpretation of her cervical smear slides taken under the national screening programme.
Lynsey Bennett is seriously ill and an urgent hearing of her action is required, her counsel Jeremy Maher SC, instructed by Gillian O’Mahony solicitor, told the court today.
Counsel asked that an urgent early trial date in the new year be set for the woman, whom he said is a single mother of two girls, aged 12 and seven.
Lynsey Bennett, Ennybegs, Killoe, Co Longford, has sued the HSE, Irish testing laboratory, Eurofins Biomnis Ireland Ltd, Sandyford Industrial Estate, Dublin, and US laboratory Quest Diagnostics Incorporated, New Jersey.
Ms Bennett had a smear test on February 3, 2010, which was sent to Eurofins Biomnis in Dublin. The test it was claimed came back as negative and another smear test was recommended in three years.
On December 16, 2013, Ms Bennett had another smear test as part of the national cervical screening programme. This sample was sent to US lab Quest Diagnostics and it was claimed it came back as showing atypical squamous cells of undetermined significance.
A further smear test in 12 months was recommended.
On December 2, 2014, Ms Bennett had another smear test and the sample was reviewed by Quest Diagnostics. It is claimed the result came back negative and she was advised by CervicalCheck that there were no abnormalities and a repeat smear in a year was recommended.
It is claimed Ms Bennett had another smear test in January 2016, which was tested at the US laboratory Quest Diagnostics and she was told no abnormalities had been detected and she would be reminded to have her routine smear test in three years' time.
Eleven months later, it is claimed she went to her GP complaining of bleeding and was referred to hospital.
In January 2017, invasive cervical cancer was diagnosed, and Ms Bennett had to have a hysterectomy and other surgery.
In March 2018, she was found to have a recurrence of the cervical cancer.
It is claimed there was an alleged failure to correctly report or diagnose and an alleged misinterpretation of Ms Bennett’s smear samples.
Ms Bennett’s cancer, it is claimed, was allowed to develop and spread unidentified, unmonitored, and untreated until she was diagnosed with cervical cancer in January 2017.
It is further claimed she has suffered and continues to suffer severe pain, stress, distress, and upset and required multiple surgical procedures and extensive medical interventions and supports.
In court today, Jeremy Maher SC said Ms Bennett had initiated the action in April this year. The case was before the court for case management. He asked the court to consider the tight schedule presented to the court for the exchange of reports and documents between the different sides with a view to getting the case to hearing in January.
Mr Justice Cross who specially fixed January 20 next for the hearing said the timeline presented to the court in relation to the presentation of documents and reports was “ambitious” but he said the defence to the action must be filed by December 4 next.
The judge said the case will take a number of weeks. Mr Justice Cross said he did not know what the situation will be in relation to Covid-19 and the capacity for the court on that date as there are going to be four legal teams involved.
He told the parties they will have to abide by the regulations and said the case could be mentioned in court on January 13 next year to discuss how the hearing will proceed.