Netizen 24 IRL: Varadkar and Harris under fire over cancer victim's court ordeal

Posted by On 6:47 PM

Varadkar and Harris under fire over cancer victim's court ordeal

Varadkar and Harris under fire over cancer victim's court ordeal

Emma Mhic Mhathúna: launched High Court case
Emma Mhic Mhathúna: launched High Court case

Eilish O'Regan and Tim Healy

Promises by Taoiseach Leo Varadkar and Health Minister Simon Harris not to "drag" victims of the CervicalCheck scandal through the courts have been called into question amid allegations of an "aggressive" legal approach to terminally ill Emma Mhic Mhathúna.

Ms Mhic Mhathúna, a mother of five who is dying of cervical cancer after getting an incorrect smear test result, launched her High Court case yesterday.

However, correspondence sent on Tuesday from her solicitor, Cian O' Carroll, on the legal approach by Quest Diagnositics laboratory, where the test was read, warned the State and HSE are standing idly by while adopting a "detached approach" to the proceedings.

Among the demands by lawyers for the laboratory is that all her five children are required to be assessed by a psychologist to determine the impact on them of the impending death of their mother.

It is also demanding that Ms Mhic Mhathúna be assessed by various specialists, including a pyschiatrist. Her solicitor's letter warned that "clear commitments" were given by the Government after the High Court case of Vicky Phelan, who also has terminal cancer after getting an incorrect test.

Mr Varadkar promised non-confrontational approach from the State, while Mr Harris it was wrong t o drag any terminally ill woman through the courts.

However, Mr O' Carroll said the State and HSE are failing to follow through with a humane approach to the case and adopting an aggressive defence. The court was told yesterday that Ms Mhic Mhathúna wants it settled as soon a possible.

Her barrister, Patrick Treacy SC, asked the HSE to make a decision on its stand on liability within the next 24 hours. Ms Mhic Mhathúna is seriously ill and does not have time, he said.

"She has been told by the Taoiseach, Leo Varadkar, and the Minister for Health that everything will be done and nobody will be forced to got to court and there will be mediation. She wants it settled as quickly as possible," Mr Treacy said.

Counsel for the HSE, Patrick Hanratty, said it was the first they had heard of being asked to decide on liability in the next 24 hours.

The HSE realistically could not make a decision on full liability in that time.

Mr Justice Kevin Cross said he did not think you could force a party into that position and that it was not fair. The court, he said, was not the place to make political statements.

Mr Treacy told the court it was a unique case and it involved the mother and her five children. He asked that the case be heard in the next few weeks.

He handed in a letter from the woman's GP and said the court would see how seriously ill she is. However, he said, a number of issues had emerged in the case, including in relating to the discovery of another cervical smear test of Ms Mhic Mhathúna, taken in 2010. He said the case centred on a cervical smear of 2013.

But now the new documents suggested for the first time that there was a 2010 smear as well which would have required Ms Mhic Mhathúna to have a procedure. Counsel said that information was not in documents provided by CervicalCheck.

Mr Justice Cross adjourned the case today for case management. He sa id everything will be done by the court to facilitate Ms Mhic Mhathúna's case.

Ms Mhic Mhathúna told the Irish Independent: "It's very traumatic for myself and the children. Nobody would want to be going in and out of court. This is the way the system is unfortunately - it's not patient focused."

Outside court, Ms Mhic Mhathúna's solicitor Mr O'Carroll said it was a concern that documents had now revealed that there had been an audit of 2010 smears as well as audits of smears in 2011, 2012 and 2013.

A spokesman for the Taoiseach said yesterday that the "State is on the side of women. The objective is to ensure that mediation is offered and these cases can be dealt with through mediation. But that does not remove the right of any person to go to court or to secure a court date as a back-up.

"In cases that may be contested, it is the State's intention to settle the case and pursue the laboratory later ."

A spokeswoman for Mr Harris was not available.

Irish Independent

Follow @Independent_ie
Former Garda commissioner Nóirín O’Sullivan, right, arriving in Dublin Castle yesterday. Photo: Gareth Chaney

Ex-Garda press officer Taylor drops claims about O'Sullivan

Shane Phelan A number of serious allegations against former Garda commissioner Nóirín O'Sullivan have been withdrawn by former Garda press officer Supt Dave Taylor, the Disclosures Tribunal has heard.

INM sues former chairman Buckley in wake of ODCE probe into data breach

Shane Phelan Independent News & Media (INM) has issued legal proceedings against its former chairman Leslie Buckley in the wake of revelations about a major suspected data breach.

Neil Reilly

Father and sons deny killing man after he fired shotgun

Eoin Reynolds A father and his three sons have denied murdering a man after he fired a shotgun at their home in the early hours of the morning.

  • Most Read
  • Most Shared
Garda Jimell Henry

Garda admits passing information to criminals known as 'The Child' and 'The Pharmacy' Courts

Mackey Plant Construction in Nenagh, Co Tipperary

Wife who claimed husband 'came under influence of yoga group' settles row over... Courts

Former Garda Commissioner Nóirín O'Sullivan

Former Garda Press Officer withdraws a number of allegations against Nóirín... Courts

Former Garda Commissioner Nóirín O'Sullivan

O’Sullivan tells Disclosures Tribunal she never told journalist McCabe had abused a girl Courts

The Dublin Coroner's Court

Barrister 'acutely stressed' over perceived work mistake, inquest told Courts

Jesse Duplantis wants his followers to fund a private jet Photo: Jesse Duplantis/Twitter

'It's what Jesus would do' - Evangelist asks followers for €47m to buy a private... North America

Mackey Plant Construction in Nenagh, Co Tipperary

Wife who claimed husband 'came under influence of yoga group' settles row over... Courts

Regina Doherty Photo: Gareth Chaney, Collins

Revealed: Politicians will still qualify for pensions at 65... while most workers wait until... Politics

Garda Jimell Henry

Garda admits passing information to criminals known as 'The Child' and 'The Pharmacy� 39; Courts

Ray D'Arcy with Gay Byrne at RTE Radio 1

‘I have great regrets - I regret now the amount of time I gave to this place' - Gay Byrne on... Radio

Editor's Choice

A woman breaks down in tears as the results in the Irish referendum on the 8th amendment Photo: Charles McQuillan/Getty Images

The people heard our plea and answered with a roar

It t ook me a moment to understand what the exit poll said. So many of...

Stock image

Mind the thigh gap? Well, here's the Toblerone Tunnel and 'hip cleavage'

It's always exciting isn't it? To find out what...

LOVED ONES LOST TO PEACE: Private William O’Brien (above) was killed in 1986. A commemoration today will honour Irish soldiers who died while on United Nations duty

'These were the real heroes' - how the families of Irish soldi ers killed on UN duty have paid the highest price...

(Stock picture)

Failed your exams? Blame it on the weather

Hot weather harms children's chances of doing well in exams, a new study has found.

Philomena Lee, who never got to meet her son Michael Hess

'Dark chapter' saw advertisements in newspaper offering babies 'for no fees'

Advertisements were placed in the classified sections...

Dolores Quinlan, who was given up for adoption, at her home in Celbridge with her dog ‘Abbey’. Photo: Steve Humphreys

'Finding out at 49 I was adopted was Earth-shattering'

On the day news broke that at least 126 babies were illegally registered by a...

Campaign group Solidarity with Repeal holding a rally last weekend calling for abortion rights outside Belfast City Hall. Photo: Charles McQuillan/Getty Images

Priest who opposed repeal removes Facebook page

The priest at the centre of a row over whether Catholics who advocate abortion...

Savannah (6) and Maddison Bradley (5) from Bunclody play on the beach in Courtown, Co Wexford. Photo: Gerry Mooney

Pack that mac: thunder and showers to cool things down for mini-marathon

For those lucky enough to have enjoyed the early...

Stock image

We are not having enough babies to maintain current population

Ireland is not producing enough children to maintain...

Richard Boyd Barrett Picture: Frank McGrath

'There are gaps in my story,' says Boyd Barrett

People before Profit TD Richard Boyd Barrett may be one of the people whose...

Gardaí yesterday at the field where the body of Cameron Reilly was found near Dunleer, Co Louth

Cameron Reilly was beaten and then strangled to death

The net is closing in on the killers of teenager Cameron Reilly, who was brutally beaten...

Minister for Agriculture, Food and The Marine, Michael Creed. Photo: Colin O'Riordan

Creed warns of trade war impacts on Irish exports

A trade war between the US and China is "the last thing we need" according to...

File image

SVP told to remove clothing bank over Eighth campaign

A parish priest in Co Meath instructed the St Vincent de Paul to remove its...

VIDEO: Emma Mh ic Mhathuna speaks at Standing4Women rally

A supporter holds photo of Savita Halappanavar in Dublin Castle as Ireland has voted to repeal the 8th Amendment of the Irish Constitution which prohibits abortions unless a mother's life is in danger.

VIDEO: Simon Harris - 'Abortion law may take until the end of the year to be implemented'

WATCH: TD Clare Daly choked with emotion during passionate speech on the...

Yesterday, in her fi rst address since...

VIDEO: Zappone reveals at least 126 babies incorrectly registered

The adoption controversy means dozens of...

VIDEO: Car on fire in Portlaoise

The footage shows the car going up in flames.

WATCH: Liffey jumpers hit the river for a dip during Monday's heat wave

Pedestrians watched as these young men...

Members of    the public celebrate at Dublin Castle after the results of the referendum on the 8th Amendment of the Irish Constitution which prohibits abortions unless a mother's life is in danger. PRESS ASSOCIATION Photo. Picture date: Saturday May 26, 2018. See PA story IRISH Abortion. Photo credit should read: Niall Carson/PA Wire

VIDEO: Eighth Amendment Referendum - Discussion now turned to who will provide abortion services and when they will be...

VIDEO: 18 candles lit at vigil to remember each year of Cameron Reilly's life

VIDEO: Two men arrested after 'causing havoc' on train after Tipperary-Cork match

Gardaí arrested two men after an incident on a...

WATCH: Incredible footage shows lightning strikes hit Ireland on Sunday

The electrical storm was one of the biggest...

Seven year old Lottie Lenihan from Yorkshire brings her fourteen month old cousin, Ronan Dries for a paddle along Burrow beach in Sutton. Picture Credit:Frank Mc Grath 29/5/18

In pictures: Ireland laps up sizzling temperatures on hottest day of the year

Tally woman Della McGuinness from Roscommon Town during the Referendum Count at The Hyde Centre in Roscommon Town. Pic Steve Humphreys

50 poignant photographs from all around Ireland as country moves to a 'Yes' vote

President Michael D Hig   gins and his wife Sabina cast their votes at the polling station in St Mary’s Hospital, Phoenix Park, Dublin (Niall Carson/PA)

In Pictures: Thousands hit the polls on referendum day

21 Mar 2018: General view of Fire Brigade attempting to put out fire at Metro Hotel, Ballymun, Dublin. Picture: Caroline Quinn

Ballymun fire

Snowy conditions return to Sallins, Co. Kildare. Photo: Tony Gavin 18/3/2018

In Pictures: Snow returns to Ireland in mid-March

Irish Taoiseach Leo Varadkar (left) and his partner Matt Barrett walk in the St Patrick's Day parade on 5th Avenue in New York City Credit: Niall Carson/PA Wire

Taoiseach Leo Varadkar walks in the St Patrick's Day parade on 5th Avenue in New York City

Therese Eagers digs a pathway through the snow in her back garden in Rathcoole. Picture credit; Damien Eagers

Were the warnings about Storm Emma overblown? These photos from around Ireland...

Some have been complaining that the blizzard and...

Wexford town

Gallery: Your photos as Storm Emma dumps huge amounts of snow across the country

Dagmara Jakkububowicz from Carrigaline walks her dog Bubu around the pond in the Community Park in Carrigaline Co. Cork.- Picture David Creedon / Anzenberger

15 uplifting images from the professionals that show the enjoyable side of Ireland's snow days

The Campbell family with their igloo creation

Gallery: Our readers captured some beautiful images around the country - here are our favourites

Source: Google News

« Prev Post
Next Post »