Cork mother’s family who died of cervical cancer settle case in High Court


The family of a 36-year-old Cork mother who died of cervical cancer have settled complaints in the High Court over the alleged misreporting of her smear test.

Airdresser Julie Quinlan Dingivan was six weeks pregnant with her third child when she underwent a radical hysterectomy after being diagnosed with invasive cervical cancer in 2013.

Her family’s attorney, Patrick Treacy SC, hired by Cian O’Carroll, told the court that her cancer had come back over six months later and she had undergone chemotherapy and radiation therapy, but tragically the disease progressed and she died on April 8, 2017.

The attorney said Ms. Quinlan Dingivan had a 2009 swab under the national CervicalCheck screening program that was tested at a US lab and came back with no abnormalities found.

Mr Treacy said it was her case that a review of the 2009 swab was carried out in January 2014, which showed the original swab report was wrong, and the result was sent to a consulting gynecologist two years later.

The attorney said Ms. Quinlan Dingivan, who was in the last year of her life, or her husband, Paul Dingivan, were not informed of the outcome of the screening.

Her husband was notified of the outcome of the review in May 2018, which the court heard was at about the time of the court case Vicky Phelan, and a settlement was reported.

Mr Dingivan, of Dun Eala, Fermoy, Co Cork, has settled on confidential terms a lawsuit he brought on behalf of his family over the death of his wife.

A separate nervous shock lawsuit brought by Julie’s 21-year-old stepdaughter Jasmine McCarthy, also of Fermoy, against the HSE was also settled on confidential terms.

The comparisons are made without admission of liability.

The case was before Mr Judge Paul Coffey for apportionment of the €35,000 statutory mental health distress payment.

Mr Dingivan had sued HSE and US lab Quest Diagnostics Incorporated, which performed the tests on Julie’s swab taken as part of the November 2009 national CervicalCheck screening program.

Ms. Quinlan Dingivan had a cervical swab done on November 16, 2009. The sample was evaluated at the Quest Diagnostics laboratory and reported negative for a lesion or malignancy.

On December 15, 2009, she was informed that the swab found no abnormalities. On May 15, 2013, she was diagnosed with invasive cervical cancer and underwent a radical hysterectomy and other procedures.

Over six months later, she was diagnosed with cancer recurrence and underwent chemotherapy, radiation therapy, and brachytherapy. However, the disease progressed and she passed away in April 2017.

It has been alleged that after her diagnosis and without her or her husband, swab test reviews of women diagnosed with cervical cancer were carried out by the HSE.

A review of the 2009 slide, conducted on January 8, 2014, showed that the original swab report was incorrect. This was reportedly not disclosed to Ms. Quinlan Dingivan or her husband.

Mr. Dingivan was informed of the outcome of the review in 2018.

It has been claimed that the 2009 swab was not properly interpreted or reported and that Ms Quinlan Dingivan was allegedly deprived of the opportunity for timely and effective investigation and treatment of her condition.

The claims were dismissed.

Mr Judge Paul Coffey offered his deepest condolences to Mr Dingivan and the entire family. Cork mother’s family who died of cervical cancer settle case in High Court

Fry Electronics Team

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