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State Claims Agency to appeal aspects of Ruth Morrissey judgement

The State Claims Agency is to appeal aspects of a judgement involving terminally ill Limerick wo...
Jack Quann
Jack Quann

15.01 16 Jun 2019


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State Claims Agency to appeal...

State Claims Agency to appeal aspects of Ruth Morrissey judgement

Jack Quann
Jack Quann

15.01 16 Jun 2019


Share this article


The State Claims Agency is to appeal aspects of a judgement involving terminally ill Limerick woman Ruth Morrissey.

She was awarded €2.1m by the High Court in May over the misreading of her smear test results.

Ms Morrissey and her husband Paul were awarded damages after suing the Health Service Executive (HSE) and two labs - Quest Diagnostics and MedLab Pathology Limited.

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A State Claims Agency spokesman has confirmed to Newstalk.com that an appeal will be lodged on Monday.

However, he said that the appeal will not relate to the award of damages.

He explained: "The State Claims Agency, acting on behalf of the HSE in accordance with its statutory mandate, will lodge an appeal on Monday in respect of a number of important legal points that may have significant implications for the State and which were raised in the recent High Court decision in the Ruth Morrissey case.

"The appeal will relate to aspects of the judgement dealing with issues of primary and vicarious liability and absolute confidence.

"The appeal will not relate to the High Court's decision on the award of damages.

"The State Claims Agency has no role in acting for the two co-defendant laboratories in this case. These laboratories have separate legal representation", he added.

Making his judgement in May, Mr Justice Kevin Cross said that if her 2009 smear had been properly analysed and her 2012 slide was deemed inadequate, what probably would have followed meant she would never have contracted cancer and would not have less than two years to live.

He said her husband and young daughter would have been spared of the knowledge that they will have to live without her.


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Appeal Award Of Damages Damages High Court High Court Judgement Liability Ruth Morrissey Smear Test Results State Claims Agency

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