Terminally ill woman Emma Mhic Mhathúna settles case for €7.5m

She is one of the women affected by the cervical cancer controversy

Terminally ill woman Emma Mhic Mhathúna settles case for €7.5m

Emma Mhic Mhathúna is pictured outside Leinster House during a day of action on Cervical Check scandal | Image: Sam boal/RollingNews.ie

Updated: 18:35

A terminally ill woman with cervical cancer has settled her legal action for €7.5m.

Mother-of-five Emma Mhic Mhathúna from Co Kerry is one of the women affected by the cervical cancer controversy.

The 37-year-old sued the Health Service Executive (HSE) and a US lab used by Cervical Check.

High Court Judge Kevin Cross was told on Friday the case has been settled and the HSE has admitted liability for not disclosing the findings of an audit which had been carried out.

The US laboratory, Quest Diagnostics, has admitted liability for misreading two smears.

In a statement, the State Claims Agency says it "fully engaged" with the laboratory and its legal teams in this case.

"Justice"

Speaking outside the court this evening, Ms Mhic Mhathuna said she did it for her children.

“From the outset, I was determined to fight justice for my children and the figure replicates the damage that has been done to them.

“It was for them that I did this.”

She said justice was her priority in taking the case adding that “I wasn’t going to come into court as a victim; I came in a victor."

Proud

She said her five children are proud of her for taking the case.

“They are delighted because they are very proud of me and they know I mean business," she said.

“I had discussed a figure with them and it was a lot higher than what I was being offered.

"But I was determined to say no and if it meant going into court, i would have done that for them.

“So they are very proud of me and I am proud of them.”

Court claim

Proceedings were served on May 23rd and the first case management application was heard before Mr Justice Cross on May 30th.

The State Claims Agency says it offered mediation on June 1st.

"The SCA did not commission liability, condition and prognosis or quantum reports as it would typically be required to do in medical negligence cases", it adds.

"The SCA requested the reports directly from the plaintiff’s solicitors so as to facilitate a resolution at the earliest possible time and to remove the more adversarial elements of the Tort system."

The settlement was reached on Thursday.