Case Study: May 2019
Cian O’Carroll Solicitors secured a pivotal victory in the case of Ruth Morrissey, obtaining a €2.16 million award. This included the highest possible general damages of €500,000 for pain and suffering, in addition to compensation for necessary care, future support, and loss of earnings.
Ruth Morrissey’s case, which became the longest medical negligence trial in Irish history, spanned 36 days before being appealed to the Supreme Court by the HSE and their labs. Those appeals were largely dismissed. The case, a remarkably courageous ordeal undertaken by Ruth has had profound implications, influencing both legal practice and health policies.
The Supremen Court confirmed the standard of approach for negligence in screening programmes, particularly the “Absolute Confidence” test for the screening of cervical smears. This landmark decision also confirmed that the HSE bears primary responsibility for CervicalCheck’s operations, including its outsourced laboratories thereby preventing the HSE from outsourcing its responsibility for a vast swathe of medical services in Ireland.
Sadly it also showed how the State is willing to pursue a trial and an appeal against a dying Plaintiff in the hope of improving their position in litigation against other women similarly affected. Through Ruth’s courage and the work of her legal team, she prevailed and hundreds of other women and families to follow had a smoother path to follow.
For further details on Ruth Morrissey’s case, please refer to the following link:
Read More: Irish Times Article 1
Read More: Irish Times Article 2
Read More: Irish Times Article 3
There is good RTE footage through Ruth’s trial, appeal and following her death.
Vicky and Ruth’s Case- How Vicky’s Case paved way for Cervical Check Test Action Vicky Phelan’s landmark legal battle against Clinical Pathology Laboratories Inc, Texas, resulted in a €2.5 million settlement in April 2018. This case was pivotal in exposing flaws in Ireland’s CervicalCheck program and led to significant legal changes.
Following Vicky’s case, Ruth Morrissey discovered in 2018 that her smears from 2009 and 2012 had been misreported. Ruth and her husband Paul subsequently won €2.16 million from the High Court in July 2019, along with €10,000 in nominal damages from the HSE for failing to notify her of audit results. These cases have driven reforms and increased scrutiny within the CervicalCheck screening program. By late August 2022, nearly 370 cases related to CervicalCheck had been brought to the High Court, reflecting widespread impact and the need for ongoing vigilance.
For more details on these cases and their outcomes, visit: