Competent screener could interpret 2009 smear slide as negative, court told

A competent screener could interpret as negative a smear sample taken in 2009 from Ruth Morrissey, who now has terminal cervical cancer, a cancer screening expert has told the High Court.

Dr Robert Marshall Austin was giving evidence on behalf of US laboratory, Quest Diagnostics in Ms Morrissey’s continuing action.

He told the court on Thursday he believed, as a matter of probability, cancer was not there in 2009.

He is the Medical Director of Cytopathology at Magee Women’s Hospital in Pittsburgh, Pennsylvania.

Asked by Michael Cush SC, for Quest Diagnostics, if a competent cytotechnologist could read the 2009 Quest Diagnostics slide for Ms Morrissey as negative, Dr Austin replied: “Yes.” Asked if the cancer was there as a matter of probability in 2009, Dr Austin said he believed it was not there.

Ms Morrisey has sued over the alleged misreading of her cervical smear slides in 2009 and 2012, taken under the CervicalCheck screening programme.

Cross-examined by Patrick Treacy SC, for Ms Morrissey, Dr Austin agreed he had taken part in a major study by Quest Diagnostics which involved him analysing data and helping write a report in relation to smear tests taken from over eight million women.

He said he was not remunerated for the work.

Asked by Mr Treacy if he still regarded himself as an independent expert, Dr Austin said yes, he did, in general terms.

Asked why the court was not going to hear from a Quest Diagnostics cytotechnologist, Dr Austin said that was not up to him.

Also on Thursday, the court heard Quest Diagnostics is withdrawing three of its witnesses, including two medical experts who had prepared reports for the case.

Counsel for Ms Morrissey, Jeremy Maher SC said his side had been informed yesterday morning by letter from solicitors representing Quest of the withdrawal and were reserving their position on that.

Ms Morrissey and her husband Paul Morrissey, of Kylemore, Schoolhouse Road, Monaleen, Co Limerick have sued the HSE; Quest Diagnostics Ireland Ltd, with offices at Sir John Rogerson’s Quay, Dublin; and Medlab Pathology Ltd with offices at Sandyford Business Park, Dublin 18.

It is claimed there was failure to correctly report and diagnose and misinterpretation of her smear samples taken in 2009 and 2012. A situation, it is claimed, developed where Ms Morrissey’s cancer spread unidentified, unmonitored and untreated until she was diagnosed with cervical cancer in June 2014.

It is further claimed a review of the 2009 and 2012 smears took place in 2014 and 2015 with the results sent to Ms Morrissey’s treating gynaecologist in 2016, but Ms Morrissey was not told until May 2018 of those review results which showed her smears were reported incorrectly.

The HSE the court has admitted it owed a duty of care to Ms Morrissey but not to her husband. The laboratories deny all claims. The case before Mr Justice Kevin Cross continues.