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Ruth Morrissey, who was before the High Court last week - the latest woman impacted by the CervicalCheck scandal to go to court. Leah Farrell
Leah Farrell
THE TAOISEACH NEEDS to “come out of hiding” and explain why the promise he made that no woman caught up in the Cervical Check controversy would be dragged through the courts has not been delivered upon, said Labour Health spokesperson Alan Kelly.
On 11 May, Varadkar said pending court cases relating to the health scandal would be dealt with through mediation.
However, since making that statement a number of cases have been before the High Court.
Last week, Ruth Morrissey, who had two smear tests incorrectly reported and is now suffering from terminal cervical cancer, slammed the State Claims Agency for seeking to “misrepresent the sham mediation” in her case.
She and her husband Paul Morrissey said they only heard of the offer of mediation through a media statement last week.
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Copy of Statement released by Ruth Morrissey’s representative regarding the State Claims Agency’s offer this evening of mediation. Shows up the disgraceful behaviour by organs of the state against this woman despite the commitments of @campaignforleo & @SimonHarrisTD. @labourpic.twitter.com/lt85dgP2Xf
Speaking on RTÉ’s Morning Ireland today, Kelly said what happened to Ruth Morrissey was a “disgrace heaped upon a national disgrace”.
“What is happening is unforgivable. The Taoiseach is in hiding, this government is in hiding, what they promised is not what has transpired,” he said.
‘Over promised’
Kelly said the government “over promised” in May, and it should come out and admit that now.
He said the victims of the CervicalCheck controversy, such as Vicky Phelan and Stephen Teap are angry and want accountability.
Teap, whose wife was one of 17 women who passed away without knowing she had received two incorrect cervical smear tests, tweeted over the weekend that Leo Varadkar should “either stand up or get out”.
He added:
People like Ruth [Morrissey] need a leader to stand up for them which you’re failing to do. If you can’t sort this then maybe it’s time you give us an opportunity to find someone who can.
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Phelan, who exposed the cancer screening scandal, confirmed on Saturday that she will be meeting the Taoiseach to discuss Ruth Morrissey’s ”disgraceful situation”. She said she wants to find a “meaningful approach to resolve this dispute”.
Speaking on Miriam on RTÉ Radio One today, she said:
“I felt that I would keep the meeting with the Taoiseach for a time that I needed it and the time is now.
“He was the one who gave me the assurances and commitments that no other woman would have to court and give evidence.”
Phelan said the Taoiseach needs to take back control from the labs which are currently being sued for damages. She said there are another ”40 something cases” due to come to court.
She said Varadkar must make good on his commitment to the people of Ireland, adding that it cannot do so, he should not be “in the position’s he’s in”.
Kelly accused the Taoiseach of “misleading” the victims, their families, and the public by stating that no one would have to go to court.
“It is unforgivable… he needs to man up and explain how Ruth ended up in court in the first place and make sure the comments he made in the first place are honoured,” he concluded.
‘Mediation offered’
A statement from Health Minister Simon Harris states the government has been “very clear that we do not want to see any woman having to go to court and mediation is now offered in every case, as promised”.
Mediation should and must be conducted in a sensitive, compassionate and speedy manner, so the women and families can get the outcome they need.
While mediation may not always succeed at first, it must remain an option in all cases.
The State participates in a sensitive and compassionate manner, as has happened in two previous cases.
In relation to the Ruth Morrissey’s case he said the State has accepted liability for non-disclosure of clinical audit findings.
However, he explained there are two labs also involved as defendants.
“Where differences exist between parties the mediation process is designed to address these. I believe there is a responsibility to use this process in a compassionate and sensitive manner. I welcome the fact that the State Claims Agency has requested the labs to recommence mediation,” added the minister.
He added:
I am sorry that Ruth and her family have had this distressing experience when they are already going through so much.
We will learn from this difficulty and how to deal with it if it arises in future.
I have been very clear on the importance of mediation and the SCA is acting on that. I firmly believe mediation offers the most sensitive and successful means of achieving a timely resolution of this case.
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Terrible situation. Leo needs to be held to account for lying. …… But I just cannot take Kelly seriously on anything in opposition. He proved in last term that he’s no backbone.
@Eoin Scanlon: as much as I hate Labour I think Kelly did prove he has a backbone. He went all out with Irish Water in spite of a torrent of abuse, threats etc and dug his heels in over it. Even to this day he doesn’t admit he was wrong.
While in opposition he’s been excellent in his PAC role. Now I wouldn’t vote for Labour in a heartbeat but I would consider voting for him if he was in another party.
@Jay Coleman: Don’t be fooled by Kelly! The only reason he did not give in on privatising our water was that his brother was CEO of Teneo, a company buying up water companies around the globe?
@Eoin Scanlon: claimaints will always end up in court when claiming massive damages.The amounts being sought here because the Govt is under pressure are eye watering. State should defend itself on behalf of the taxpayer. It is only negligent on the communciations delay not the lab issues. If a claimant wished to berate the govt then they should state how much they are claiming. As a taxpayer I do not want a blank cheque handed over.
Opposition politicians making a political issue out of this will end up closing down the screening programmes due to the claims awarded which will cost lives.
There is no evidence our screening any less standard than international norms.
@Seamus G: So you would prefer for the women effected to crawl into a hole and die quitely so your pocket as a taxpayer isn’t affected at all. You are a heartless government pimp.
This is what happens when vital public services are privatised. Or hived of to a private company so money can be saved. The public suffer.
These women have been handed a death sentence they done nothing to deserve. What cost do you put on the lives of these women, and what they are about to go through through no fault of their own? The government deserves everything that’s comming to it.
FG, Leo, Simon do what FG do best, they Lie Through Their Teeth on every issue that effs up when the public are effected.
@Dave Doyle: you are telling me what I prefer? Your statement around privatisation of the service ehre has not been confirmed. If the service was not contracted out at the time scores more cervical cases would not have been picked up.
You rant away emotively though if it makes you feel bit better. As for the death sentence statement – you need to educate yourself about screening.
@Seamus G: Rant? No, nothing like your rant about being a taxpayer. The service was tendered out to save money. The result is 19 women have died, more are waiting to die, others have no idea where they stand.
Feel better? Not at all i feel angry at what has been done to these women. I feel angry that once again the public have been lied to by Leo and Simon. FG have made a virtue out of lying. Nothing will ever change there.
I don’t need any education on the problems of privatising vital public services and the consequences of doing so.
You could do with some education on empathy, and less about worrying about your pocket.
@Seamus G: You have no idea whether that is what the state is only negligent in because the smear tests are currently being reviewed in the UK to look for negligent misreads of those smears.
If those exist then the state was absolutely negligent when it failed in their duty to recognise that companies they employed to do a job, were negligent and the massive errors which caused the deaths and serious injuries to the women involved were allowed to continue happening until Vicky Phelan refused to be gagged.
@Linda Nolan: I never dipsuted that Linda and fully agree. Nobody knows if that is the case yet. All I am saying is that a false negative does not necessarily indicate negligence. Oncologiest across the country are fearful for the programmes if false negatives as opposed to negligently read tests automatically attract a payout. The ranters on here couldn’t be bothered trying to read behind the headlines here.
“claimaints will always end up in court when claiming massive damages.The amounts being sought here because the Govt is under pressure are eye watering. ”
The women involved were told by Cervical Check that errors were made, some women have already settled because those errors were found to be negligent
The amounts being sought are to reflect the serious damage done to these women – I mean death is something that you never recover from.
@Eoin Scanlon: Leo tells lies all the time ask any doctor or an self employed person who was told by Leo at a press conference they can now get illness benefit paying an S prsi stamp. They cannot because this government and Leo never passed the legislation. He like a child eating an ice cream promising us all one but. Cannot give it to us because it will melt. He should go.
Are we to assume that Agencies of State ignore directions from the Taoiseach and his Ministers – that’s how it appears to be. Either this or the Taoiseach and Ministers are saying one thing in public and directing various agencies to do something else.
@Isthatright:
More concerning is that people don’t care that they don’t care.
Fine Gael never had trouble sleeping at night. We saw it in past years with Michael Noonan and the hepatitis C scandal. They had opportunities to put systems in place re state negligence back then and they did nada. Utterly shameless and here we are again.
Why are we surprised?…endless broken promises…just look at our homeless crisis, our health service, our nursing homes…mental health supports (lack of) etc…etc…as long as the bond holders, bankers, TD’s are looked after…sure we’re great! Shame on you Leo and Simon…shame on you!
@Antoinette Mullen: I recall various women coming out on twitter after the 8th Referendum and sending love hearts to Simon Harris. Clearly the rights of some women are important but others are not. Similarly with the broken health service and housing crisis – a recent poll puts FG at 34% – well ahead of any other party. A vote of confidence or what? As long as Paschal throws a few tokenistic tax cut crumbs to the stretched “middle” in the next budget it’ll continue.
Leo is too interested in his spin and self image, his reputation as a doctor should go down the pan also for his treatment of cancer patients.
If the other parties had any spine they’d be demanding his resignation but unfortunately leo and FG have the upper hand with the “homophobic card” which the other psrties seem terrified of crossing in case of losing ratings.
Gay, straight, black, white, yellow if your incapable of carrying out your job, there’s the door.
When this scandal broke several months ago the opportunity was present for journalists in Ireland to hold Varadkar, Harris and the government to account over it.
It wasn’t taken, and the subsequent resignation of the head of the HSE was just brushed aside as a nothingburger by the press in general in the rush to get the eighth amendment referendum over the line without causing too much fuss.
It will be looked back on over time as a low point in Irish journalism, and it’s a bit hypocritical of them to shed their crocodile tears now given their supine, lapdog brownnosing of Harris and the government when they had the chance to properly do their jobs.
Leo would rather chase up popular topics like the gender pay gap and quotas for female board members today than face up to real problems. Deflect, misdirect and move on.
Imagine if Vicky Phelan hadn’t spoken out, if all of those woman kept shh like they wanted them too, what’s the point in saying they should be ashamed of themselves our government are sheep in suits.
@paul kelly: the ambulance chasing here will clsoe down an effective programme. Experts lined up on both sides to make opposite claims which is possible because of the subjectivity of the test. It is ironic that the claimants massive expectations of payouts will cost more lives if the programmes have to pay out on false negatives. The payouts here for an imperfect test are mad.
@Dave Doyle: actually if every woman with a false negative test gets millions unfortunately we will not be able to afford it. The problem is people do not understand that while this test saved many lives through early detection , it will miss a proportion of cancers.
@paul kelly: There is no compensation payable for “false negatives”. I really wish that people would try and distinguish between negligence and false negatives.
@paul kelly: The women aren’t looking forward to a painful early death just because a government wanted to save money. Most of them have young families that they will never see grow up. No amount of money will compensate the women,their children, or their husbands when the die.
As for trying to say that this is the normality in screening tests, you’re talking through your hole. Or is this the next bit of government spin on the issue? They’ve been trying to hammer the spin that homelessness is normal. Now you want us to believe that screening that misses the signs of cancer is also normal. It’s no such thing. It’s incompetence and carelessness by the lab doing the screening. Chosen because they were cheap.Not because they are competant.
It’s a pity you’re not a woman waiting to be told whether the lab got the test right. You would be banging a different drum then.
@Mary Mc Carthy: I don’t think the labs are the problem here. I have a sneaky feeling the HSE might have been caught out playing God in order to keep the list down. Always remember this government don’t care about the Irish people. They are hoping this will go away.
Well, Leo it’s Monday, I hope you had a nice weekend, would you mind explaining why you made a promise to these women that they wouldn’t have the spectre of going to court, why did you lie? This looks so bad for you, telling women who have cancer lies, is just disgusting. I expected better from you.
Of course bring women in such circumstances should be avoided if at all possible, however not at all costs. The option of the case being decided by a court has to be retained. Otherwise just give the claimants blank cheques so they can write their own amounts.. The guarantee given by LV seems to have been very foolhardy…
Can the government give a blanket payout with a third party involved, how much say do the american company, who made all the errors, have in what happens? Should we all just wage on the government only?
@all is rotten: I wasn’t suggesting blame, more contractually. I agree, the government have continuously failed the people. I just asked the question. Going by Varadkar’s speech the fault lies at his feet.
Ff an fg are filthy corrupt even the world acknowledges this .what they have done with their cronies lining their pockets on state bodies an collusion on cover ups with the gardai.failing health system,protecting white collar elite criminals an chronic housing issue.these 2 parties should go back to the stone age where they belong
Kelly told a lot of lies in his time alright but he’s right about Leo the Liar. We need the landlord parties to be swept aside (Labour are dead). No more privatisation and outsourcing! Fully fund healthcare from taxing the rich. Make it NHS style.
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