House not yet purchased for Emma Mhic Mhathúna’s children, court told

The case of Emma Mhic Mhathúna, who died of cancer nine days ago, was raised in the High Court today.

The 37-year-old mother of five, who settled for €7.5million her action over her CervicalCheck smears, was buried last week.

Mr Justice Kevin Cross was told on Tuesday a house has still not been purchased for the children.

Patrick Treacy SC said it was Mhic Mhathúna’s wish that a house be bought in the names of her five children. At a previous court hearing last July further funds were released so that €1.75million was available to purchase a home in Dublin.

Counsel asked that the case be adjourned to next week when the court will be updated on the matter.

Last July, the court heard Mhic Mhathúna was to move near Dublin where she was receiving medical treatment. At that time Mr Justice Kevin Cross directed a further €650,000 be released so she had a fund of €1.75 million to buy a house near the capital.

Mr Treacy told the court it had been originally thought Mhic Mhathúna would buy a house in Kerry but a house they had been intending to purchase turned out not to be suitable.

Mhic Mhathúna and her five children, who sued over her CervicalCheck smears, settled their action for €7.5m last June.

She was twice given clear smear tests in 2010 and 2013 and discovered in 2017 that the results had been misread. Liability was admitted in the case by the HSE and US laboratory Quest Diagnostics Incorporated.

Letters of apology from the HSE and Quest were also to be sent to Mhic Mhathúna.

Mr Treacy SC, instructed by Cian Carroll solicitor, said at the time the admission of liability by the HSE related to failing to disclose the findings of cervical cancer. Quest Diagnostics admitted misreading her two cervical smear slides in 2010 and 2013.

The settlement followed mediation talks.