Case Study: May 2020
Patricia Carrick’s case followed directly after the Supreme Court’s ruling in Ruth Morrissey v HSE, which confirmed that the HSE carried ultimate responsibility for CervicalCheck. On that basis, Patricia and her husband Damien brought their action against the HSE alone; the first case not to include the laboratories. She alleged that smear tests in 2014, 2016, and 2019 were wrongly reported as normal, and by the time she was diagnosed in July 2019, her cancer had already spread.
Her case resulted in the first admission of liability by the HSE alone under the Morrissey standard. Patricia received redress of €2.75 million and an apology acknowledging negligent reporting of her 2016 smear. The Taoiseach also delivered a State apology in the Dáil, telling her she had been badly let down and stating, “on behalf of the Government and on behalf of the nation, I offer my genuine and heartfelt apologies. You have been failed.”