The family of a mother of three who died of breast cancer has settled a High Court action over her death for €450,000.
Nicola Murphy was 41-years-old when she died on September 27th, 2019.
Murphy, from Lismore, Co Longford, had brought the High Court proceedings with her husband and extended family, who continued the action after her death.
Mr Justice Paul Coffey was told that the settlement is without an admission of liability, and the claims in the action were vigorously contested.
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Dr John O’Mahony SC, appearing for the family, told the court that it was a very sad and tragic case. He said Ms Murphy had found a lump on her left breast and went to her GP in late September 2014. She was given a referral for a breast check clinic but she didn’t get an appointment until February 27th, 2015.
At the clinic, a mammogram was carried out and a diagnosis of cancer was made, and Murphy had to have immediate chemotherapy and later a mastectomy and further chemotherapy.
In 2016, she was advised that the cancer had spread to her lymph nodes and to her lungs. She died due to complications to her breast cancer in 2019.
Murphy’s husband Padraig and three children, along with extended members of the family, had sued Sumi Moodley, a GP who at the time was practising at The Harbour Row Medical Centre, Harbour Road, Longford.
In the proceedings, it was claimed that the GP allegedly failed to ensure and to urgently follow up so as to ensure an urgent referral under the National Breast Cancer GP Referral Guidelines which requires a person to be seen within two weeks.
It was further claimed that the lump in Murphy’s breast had grown in size as she waited a number of months to be seen and the alleged delay it was claimed allegedly caused her chances of survival to be drastically reduced.
The Murphy side contended that if she had been diagnosed and commenced treatment around October or November 2014, Murphy it was claimed would have had additional treatment which would likely have been effective and she could have had breast conserving surgery and other treatments.
All of the claims were denied.
Noting the settlement and approving of the division of the €35,000 mental distress statutory payment, Mr Justice Coffey expressed his deepest sympathy to the Murphy family. The judge said it was a tragic case and he wished the family well for the future.
