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CervicalCheck cancer scandal

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The CervicalCheck cancer scandal first emerged in 2018 and involved several women in the Republic of Ireland suing the Health Service Executive (HSE) after they received incorrect smear test results for cervical cancer.[1][2][3]

Background

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In 2011, Vicky Phelan, a mother of two children from Annacotty, County Limerick, underwent a smear test for cervical cancer. Although her test showed no abnormalities, she was diagnosed with cervical cancer in 2014. An internal CervicalCheck review found the original result to be incorrect, but Phelan was not informed of this fact until 2017. She sued Clinical Pathology Laboratories Inc, Austin, Texas, over the incorrect test. The case was settled for €2.5 million without admission of liability.[4] Fourteen other women in the 2014 review were also found to have 'false-negative' test results.

On 26 April 2018 the HSE confirmed that 206 women had developed cervical cancer after having a misdiagnosed CervicalCheck smear test.[5] Of these, 162 had not been told that the initial results were incorrect.[6] Dr Gráinne Flannelly, CervicalCheck's clinical director, stepped down on 28 April. A week earlier it was reported that Dr Flannelly had in 2017 advised a gynaecologist not to advise women about the re-evaluated test results, but to file the results instead.[7]

In May 2018, HSE director-general Tony O'Brien took temporary leave of absence from the board of a US medical company amid renewed calls for him to stand aside from his position due to the ongoing scandal.[8] Tony O'Brien announced his resignation as director-general of the HSE with effect from close of business on 11 May.[9]

Emma Mhic Mhathúna, a terminally ill mother of five children who was one of the women given an inaccurate negative test made national media headlines in May, including an interview on Morning Ireland.[10][11] Appearing on The Late Late Show, she called for the HSE to be "dismantled and reassembled". Mhic Mhathúna died on 7 October 2018.

Vicky Phelan, a terminally ill mother of two children, whose legal case against the state was one of the catalysts for the publication of the controversy, was named as one of the BBC's 100 Women in 2018.[1][12] In February 2022, Phelan was awarded the Freedom of Limerick in recognition of her role in the CervicalCheck campaign.[13][14][15] Phelan died on 14 November 2022, at the age of 48.[16]

Increased scrutiny into BreastCheck and BowelScreen has followed from this controversy.[17][18]

The most recent incident of a terminally-ill mother being awarded compensation for the CervicalCheck controversy[19] was in January 2021 when a 46-year-old woman had a settlement agreed.[20]

Scoping inquiry

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In response to the controversy, the Irish Department of Health announced on 8 May 2018 that a scoping inquiry was being established, to be carried out by Gabriel Scally.[21]

On 12 September 2018 the Department of Health published Dr Scally's final report.[22] The report gathered testimony from women and families affected by the scandal, and conducted an investigation and audit of the CervicalCheck programme. It also contained 50 recommendations covering access to medical records, governance of CervicalCheck, procurement of laboratory services and revision of the HSE's open disclosure policy.

On 12 December 2018, Minister for Health Simon Harris published an implementation plan based on Dr Scally's report.[23] The plan set out 126 actions arising from the report's recommendations. Announcing an independent review of the plan, Minister Harris said:

I welcome [Dr Scally's] initial assessment of this Plan and his confirmation that he is satisfied that all parties are taking seriously his findings and recommendations, that resources have been allocated to take the work forward at a high level of priority, and that the proposed work programme is impressive in its commitment to making rapid progress.[24]

Tribunal

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The Government announced its intention to establish an independent statutory Tribunal into claims related to CervicalCheck in December 2018, initially chaired by Mary Irvine, a Judge of the Supreme Court of Ireland.[25] The form of the Tribunal was proposed by Charles Meenan.[26] The CervicalCheck Tribunal Act 2019 was signed into law in July 2019.[27]

The Tribunal hears claims from women affected by CervicalCheck without going to court, though is voluntary and does not prohibit women from pursuing their claims in court.[28] Its hearings are in private. Its function is to make compensation decisions related to CervicalCheck. It also has powers to make recommendations, compel witnesses, put procedures in place and hold meetings.[29] The eligible women for the Tribunal are those who were originally identified in the review, women who could not have their sides reviewed by reasons beyond their control and other categories of women who received diagnoses of cervical cancer.[30][31]

The COVID-19 pandemic delayed the commencement of the Tribunal until after July 2020.[32] The final composition of the three-judge panel for the Tribunal was announced as being chairperson Ann Power of the Court of Appeal and ordinary members Brian McGovern and Tony O'Connor.[33]

References

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  1. ^ a b "Mother-of-two sues HSE for alleged cervical cancer diagnosis delay". 19 April 2018.
  2. ^ Aodha, Gráinne Ní (27 April 2018). "CervicalCheck chief responds to test criticism: 'I'd be surprised if women didn't have questions'". Archived from the original on 14 May 2018. Retrieved 13 May 2018.
  3. ^ "'I'm dying because of human error and that's disgusting'". The Irish Times. Archived from the original on 14 May 2018. Retrieved 13 May 2018.
  4. ^ "Woman with terminal cancer gets €2.5m High Court settlement". The Irish Times. Retrieved 11 January 2019.
  5. ^ "Smear test scandal: 206 women develop cancer after all-clear". Irish Independent. 27 April 2018. Retrieved 12 May 2018.
  6. ^ Power, Jack. "'It isn't a helpline, it's an answering machine' - women hit out at HSE cancer phone service". The Irish Times. Retrieved 14 January 2019.
  7. ^ Towey, Niamh. "Cancer controversy: director of CervicalCheck stands down". The Irish Times. Retrieved 11 January 2019.
  8. ^ "HSE chief Tony O'Brien to take leave of absence from US board". The Irish Times. 3 May 2015. Archived from the original on 5 May 2018. Retrieved 12 May 2018.
  9. ^ "HSE boss Tony O'Brien steps down in wake of CervicalCheck scandal". Irish Independent. 10 May 2018. Retrieved 12 May 2018.
  10. ^ Power, Jack (1 May 2018). "The doctor told me the smear results I got in 2013 were wrong". Archived from the original on 2 May 2018. Retrieved 12 May 2018.
  11. ^ Gleeson, Colin (11 May 2018). "Emma Mhic Mhathúna calls for HSE to be dismantled". Archived from the original on 12 May 2018. Retrieved 12 May 2018.
  12. ^ "100 Women 2018: What to look forward to". BBC News. 19 November 2018. Archived from the original on 20 November 2018. Retrieved 21 November 2018.
  13. ^ "Vicky Phelan 'honoured' to receive Freedom of Limerick". www.rte.ie. RTE. 3 February 2022. "'A gem…stunning…we love her' – Limerick pays tribute to Vicky Phelan". www.irishexaminer.com. Irish Examiner. 4 February 2022.
  14. ^ "In pictures: Vicky Phelan 'blown away' by Freedom of Limerick honour". www.limerickleader.ie. Limerick Leader. 3 February 2022. "'I had to use my voice': Vicky Phelan awarded the Freedom of Limerick". www.thejournal.ie. The Journal. 3 February 2022. "Vicky Phelan receives Freedom of Limerick". www.thejournal.ie. The Journal. 3 February 2022.
  15. ^ "'I've been really living my life over the last number of months' – says Vicky Phelan ahead of tonight's Freedom of Limerick ceremony". www.independent.ie. Irish Independent. 3 February 2022.
  16. ^ "'A woman of extraordinary courage': CervicalCheck campaigner Vicky Phelan passes away". Irish Examiner. 14 November 2022. Retrieved 14 November 2022.
  17. ^ McQuinn, Cormac (10 May 2018). "State Claims Agency dealing with four alleged misdiagnosis cases involving BreastCheck, TDs told". Irish Independent. Retrieved 12 May 2018.
  18. ^ O'Regan, Eilish (2 May 2018). "Breast and bowel tests now under scrutiny as public fear screening". Irish Independent. Retrieved 12 May 2018.
  19. ^ "High Court Action for Smear Test Reporting Negligence Compensation Settled for Terminally Ill Woman". 29 January 2021. Archived from the original on 25 February 2021. Retrieved 9 March 2021.
  20. ^ O’Loughlin, Ann (22 January 2021). "Terminally ill mother-of-four sues over alleged misreading of cervical smears". Irish Examiner. Retrieved 9 March 2021.
  21. ^ "Scoping Inquiry established into the CervicalCheck Screening Programme and Dr Gabriel Scally appointed to lead it | Department of Health". health.gov.ie. 8 May 2018. Retrieved 11 January 2019.
  22. ^ Scally, Gabriel; Health (DoH), Department of (12 September 2018). "Scoping Inquiry into the CervicalCheck Screening Programme: final report". {{cite journal}}: Cite journal requires |journal= (help)
  23. ^ Health (DoH), Department of (11 December 2018). "Implementation Plan for Report of the Scoping Inquiry into CervicalCheck Issues". {{cite journal}}: Cite journal requires |journal= (help)
  24. ^ "Minister Harris publishes the Implementation Plan for the recommendations of Dr Gabriel Scally on the CervicalCheck Screening Programme | Department of Health". health.gov.ie. 11 December 2018. Retrieved 11 January 2019.
  25. ^ "Government announces the establishment of an independent statutory Tribunal to deal with claims arising from CervicalCheck". merrionstreet.ie. Retrieved 31 July 2020.
  26. ^ Bray, Jennifer. "New law approved enabling CervicalCheck tribunal". The Irish Times. Retrieved 31 July 2020.
  27. ^ "CervicalCheck Tribunal Act 2019 – No. 31 of 2019 – Houses of the Oireachtas". www.oireachtas.ie. 19 June 2019. Retrieved 31 July 2020.
  28. ^ "Legislation to establish independent CervicalCheck tribunal moves forward". Irish Legal News. Retrieved 31 July 2020.
  29. ^ "The CervicalCheck Tribunal Act 2019". Fieldfisher. Retrieved 31 July 2020.
  30. ^ "CervicalCheck Tribunal will be in place by March 2020". Lavelle Partners. 11 February 2020. Retrieved 31 July 2020.
  31. ^ "Definitions – CervicalCheck Tribunal Act 2019". Irish Statute Book. Retrieved 31 July 2020.
  32. ^ McGrath, Dominic. "CervicalCheck tribunal to begin 'without delay', says minister". TheJournal.ie. Retrieved 31 July 2020.
  33. ^ "Two more judges appointed to CervicalCheck Tribunal". RTÉ News. 31 July 2020. Retrieved 31 July 2020.
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