Number of legal cases related to CervicalCheck stands at 305

State Claims Agency director to provide detail on compensation and legal costs paid out

The number of legal cases related to the CervicalCheck controversy now stands at 305, the Dáil's Public Accounts Committee (PAC) has been told.

A total of 245 cases have been initiated by affected women and another 60 cases have been taken by family members over issues such as psychological injury.

Forty-one cases have concluded so far – 33 in relation to claimants themselves and eight in relation to family members.

The update on the number of cases was provided to the PAC by the director of the State Claims Agency Ciarán Breen.

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The controversy over the screening programme was sparked by Limerick woman Vicky Phelan, who has cervical cancer, settling a High Court action in April 2018 over the reading of her smear test.

It later emerged that many other women had not been informed of an audit that had revised their earlier, negative smear tests.

Mr Breen provided the update on the number of cases to Fianna Fáil TD Paul McAuliffe who asked about the cost to the State of the cases that have concluded so far.

Mr Breen promised to send on what has been paid in compensation and legal costs at a later date.

He said the State’s liability “is limited almost exclusively to the non-disclosure element” of the cases.

Mr Breen gave the example of the case brought by the late Ruth Morrissey. Ms Morrissey and her husband were paid €2.16 million in damages over the misreading of her cervical smear tests.

Mr Breen said that the sum the State was found liable for in that case was €10,000. He said that in the cases related to CervicalCheck “the laboratories carry the principle liability”.

Mr Breen also said that the State has a separate scheme where women can make a claim directly related to non-disclosure and get a payment without going to court.

He later told the PAC that eight women have made claims to the CervicalCheck Tribunal.

Cormac McQuinn

Cormac McQuinn

Cormac McQuinn is a Political Correspondent at The Irish Times