Beruflich Dokumente
Kultur Dokumente
Last week, dying mum-of-two Vicky Phelan was awarded €2.5million in a settlement against
a US lab that mistakenly gave her the wrong smear test resThe 43-year-old, who has
between six and 12 months to live, took legal proceedings after it emerged a
2011 smear test which showed no abnormalities was later found to be
incorrect.
The HSE have admitted more than 200 women were wrongly given the all-
clear for cervical cancer and should have been sent for further checks.
Fianna Fáil leader, Micheál Martin, said that the Taoiseach and his ministers
had let the public down in the midst of this huge crisis.
“Ministers have run to the hills and TV programmes have been absent of
senior Ministers to explain things to the public,” Mr Martin said.
Sinn Féin leader, Mary Lou McDonald, said that what was playing out now
was clearly a “national scandal” involving “deceit of the gravest nature”.
doctors were objecting to having to inform patients with cervical cancer that
they were the victim of a smear test mistake.
The meeting heard a number of doctors were upset about having the onus put
on them to tell patients about their individual reviews carried out by
CervicalCheck. The reviews found they had been wrongly given the all-clear in
their last smear test result.
They also claimed that "in the absence of clarity" doctors were put at a
disadvantage when deciding who among the patients should and should not
be offered a face-to-face meeting.
The latest revelation was made in the Public Accounts Committee yesterday
where senior Department of Health, HSE and CervicalCheck officials insisted
they were unaware of the failure to pass on the reviews to the women or their
relatives in cases where they were deceased.
The reviews were given to treating doctors to give to the women from mid-
2016, but it was revealed two weeks ago 162 of the 209 cancer patients were
never told about them.
Labour TD Alan Kelly, who sought the documentation, said it was clear
CervicalCheck was alerted to the failure to tell the women long before the
April High Court case brought by Ms Phelan, the mother-of-two who now has
terminal cancer.
Ms O'Keeffe brought the issue of reviews to the attention of former HSE chief
Tony O'Brien.
But neither the Health Minister Simon Harris nor secretary general of the
Department of Health Jim Breslin were informed by chief medical officer
Tony Holohan. Mr Breslin admitted that despite the hurt and confusion of
recent weeks, Mr Harris has not introduced any new protocols to ensure
lessons have been learned. It also emerged draft press releases were drawn up
by CervicalCheck in early 2016 in the event of the review reports going public.
In another twist, it emerged a senior member of the HSE press office was
involved but did not inform her boss, HSE director of communications.
A memo from March 2016 shows that audits on cervical screening tests began in 2010
but it was only six years later, that the HSE noted that ‘the process is reaching the stage
of communicating individual case reports’.
In other words, telling doctors and the women concerned about problems found.
The memo then notes that ‘one of the cytology laboratories has sought legal advice on
the right of the programme to communicate audit outcomes’.
In other words, the private companies that were doing the tests wanted to stop women
hearing about false screening tests.
As a result of this pressure and out of concern for their own image, the HSE decided to
‘pause all letters and ‘await advice from solicitors’.
They did not care if this delay in communications endangered the health of women.
But the former Health Ministers, who were responsible for the health services, are taking
no responsibility for this scandal.
This is outrageous.
It is simply unbelievable that Leo Varadkar and Simon Harris knew nothing about this
HSE strategy.
These are two ambitious men who, to put it mildly, have a record of heightened concern
about PR. Yet they claim they were not informed about the publicity strategy of the HSE!
It makes no sense. It is time to end the ‘see nothing, hear nothing’ game that the political
elite play.
Everyone knows that in an age of supposed transparency, bureaucratic elites know when
to commit items to paper and when to ensure reports are only given verbally.
They have developed a practice that when thing go wrong, a sacrificial punch bag is
offered to take public criticism while the political masters protected. The punch bag is
then looked after with a high pension and a new career in the private sector.
If Varadkar or Harris knew nothing about these memos, they are naïve, incompetent fools
who do not understand how bureaucracies work and had no will to change that culture.
For that alone they should resign.
But they were not fools. They are immersed in a culture of PR spinning and must have
heard about an oncoming to danger to their positions.
It is time to bring in full political responsibility and then repatriate cervical cancer
screening programme to the Irish public health system.
Privatisation must end. So too must the culture of cover up that goes to the top of Irish
society.
Resign inmediately and have every previous health minister to the date they decided to
outsource these result, pension stopped. Bring them all throught the courts for negligence, if
not manslaughter through negligence. These ministers have a duty of care towards people
and that has been trampled on to put it mildy.
Varadkar has every confidence in him too ha so afraid might let it know he must have seen
those memos two years ago when he was in health they all need to go
Remember how they said that it would be free from any undue influence by the religious
order in order to get your tacit approval for this private deal of the century at the tax
payer's expense?
THEY LIED...
Surprised? What did Fine Gael think would happen if they let a religious order own the
National Maternity Hospital?
They will literally allow the deaths of 17 women go unchallenged and they STILL won't
pull the plug...
The Establishment doesn't like challengers to the throne so they will send their attack dogs out to
smear...
Whatever your political persuasions are, it's clear that Sinn Fein are the only real threat to the Fine
Gael/Fianna Fail dynasty that has held strong for 100 years and they are using all manner of propaganda to ensure
you, the voting public, remain fearful of change...
·
FINE GAEL MINISTER APPOINTS FORMER FINE GAEL TD TO TOP
JUDICIAL POSITION
Fine Gael is dropping all pretense at ‘new politics’ by looking after their
supporters.
Justice Minister Charlie Flanagan has just appointed George Birmingham to
the powerful position of President of the Court of Appeal.
Legislation introduced in 2014 inserted this court between the High Court
and the Supreme Court. Most appeals of High Court cases will henceforth go
the Court of Appeal rather than the Supreme Court.
George Birmingham is a former Fine Gael TD for Dublin North Central. He
also served as a junior Minister in a Fine Gael led government between 1982
and 1987.
His appointment follows a long tradition of patronage whereby former
political activists are appointed to judicial positions. One High Court judge,
Peter Kelly, has indicated that up to a third of judges are political appointees.
Birmingham is a good example of how this leads directly to a class bias. This
is evident in his handling of a Commission of Inquiry set up in 2006 to
investigate the Dean Lyons case.
In 1997, two women Mary Callanan and Sylvia Sheils were found murdered in
Grangegorman. The Gardai decided that the murder was most likely to be
committed by a burglar who operated in the area.
They proceeded to arrest Dean Lyons, a 24 year old drug user and robber
from Tallaght.
Within hours of being taken to a Garda station, he confessed to the murders
and supplied enough detail to indicate that his confession was genuine.
However some time later another man, Mark Nash, confessed to the exact
same murder. He had already murdered two people in Roscommon and
supplied enough detail to show that he had in fact murdered Mary Callanan
and Sylvia Sheils.
The obvious question as why had Dean Lyons so quickly admitted to a
murder he did not commit. Why, and how many asked, had he been framed?
The government tried to resist holding an inquiry but then relented and
appointed George Birmingham, the former Fine Gael TD, to be the sole
member of a Commission of inquiry.
His conclusion deserves to be read carefully today as it indicates what type
of justice we can expect from the new President of the Court of Appeal.
No wonder Fine Gael trust Birmingham as a loyal defender of their state.
How judges can be politically appointed even beggars belief quite frankly. The legal system
and politics should have absolutely no contact whatsoever, how people even find this
acceptable is actually disturbing
Unfortunately the misdiagnosis of cancer is not uncommon, and indeed Augustus Cullen Law has
successfully brought litigation and settled many cases in respect of such claims. Nonetheless, a formal
inquiry into the failures of the CervicalCheck screening programme is expected to be carried out, in
light of concerns which came to the forefront after Ms Vicky Phelan was awarded a settlement of
€2.5m on 25th April 2018, in a case against the HSE and Clinical Pathology Laboratories Inc., Austin,
Texas, USA.
Ms Phelan had a smear test carried out in 2011 and was told that the results showed no abnormalities.
She was diagnosed with cervical cancer in July 2014. A review was carried out in 2014 of previous
smear tests from women who were subsequently diagnosed with cancer. Ms Phelan was not informed
of this review or any results thereof until September 2017, at which time she was advised that the 2011
smear test results had been abnormal. It was argued on behalf of Ms Phelan that, had her cancer been
detected in 2011, a simple procedure could have been carried out, which would have had very high
chance of success.
Figures released in the wake of Ms Phelan’s case indicated that a review was warranted in over 400
cases and from these, more than 200 reviews suggested a different result which demanded earlier
intervention. Furthermore, it has been reported that that more than two thirds of these women were not
informed of the delayed diagnosis.
A full inquiry is expected to be carried out into the CervicalCheck screening programme, the
outsourcing of laboratory testing and the issues surrounding the duty of candour and communication
between practitioners and patients.
If you would like any further advice or information in relation to this topic please contact our Medical
Negligence Department.
30 April 2018
Medical Negligence
Our group of 10 lawyers combines legal expertise with medical
knowledge, built up over more than 25 years from our
involvement in many landmark medical negligence cases.
Our firm acted for the Plaintiff in the first ever successful birth injury/Cerebral Palsy action brought in
this country against a maternity hospital. The case of Dunne (an infant) –v– The National Maternity
Hospital 1989 was the landmark case which, after a Trial, an Appeal and a Re-Trial laid down and
established the principles of medical negligence law to be applied to all cases of medical negligence
and professional negligence before the Courts in this country. Over the past 25 years our group has
been successful in literally hundreds of Medical Negligence actions for patients and their families.
This ensures that as a victim of a medical accident, you receive the best quality, most experienced legal
advice. We have a strong, proven track record of fighting for fair outcomes and justice. We are
committed to and not afraid of fighting meritorious cases no matter how difficult and complex. We are
interested in making a genuine difference to real people who need help and who have been injured by
the deficiencies in our health system. We fight hard for an extra bit more because as lawyers we
recognise that a fair outcome is worth fighting for.
We do not promise a “quick fix”, “flashy gimmicks” or promise more than we can deliver but we do
promise you, as our logo states “thoughtful clear advice”. We have a high rate of referral work from
word of mouth from former clients and indeed from other firms of solicitors.
We recognise that a medical accident has significant emotional and financial consequences for you and
your family and we will do everything we can to make the process run as smoothly as possible for you.
Although our aim is to secure proper compensation wherever appropriate, we hope in all cases to
obtain an explanation for what happened to you and hold the doctor or hospital accountable for their
actions. We strongly believe in the ethos that the ordinary man, woman or child who is the victim of
medical negligence is entitled to just as good, if not better, legal representation than that provided to
the State, hospital boards and medical consultants. We believe proper access to justice is a
fundamental right and not a privilege.
http://www.aclsolicitors.ie/practice-areas/medical-negligence
Cervical cancer: Harris
confirms statutory
investigation into
CervicalCheck programme
The HSE earlier today confirmed that 17 women whose cases were
reviewed as part of an audit into the CervicalCheck controversy have
died.
Apr 30th 2018
30.04.18
A timeline of the CervicalCheck controversy... and what
will happen next
The HSE’s CervicalCheck Freephone Information line is:
From Ireland: 1800 45 45 55
From outside Ireland: +353 21 4217612
Screening
The HSE has also sought to encourage women to continue to
use the CervicalCheck screening service and said that the
issues being investigated do not relate to women being given
an incorrect diagnosis.
Since 2008 1,482 cases of cervical cancer have been notified
to the CervicalCheck, the country’s national cervical
screening programme. The HSE said today that 1.16 million
women have availed of the service.
In the majority of these cases there has been no requirement
for further review.
The CervicalCheck scandal was brought into the public eye
following a court case by the terminally-ill Vicky Phelan,
who was last week awarded €2.5 million over incorrect
smear test results from 2011.
Speaking today, the HSE’s director Tony O’Brien reiterated
an apology to Phelan and all the women affected.
“On Friday-last I wrote to Vicky Phelan to offer an apology
on behalf of the HSE, on behalf of CervicalCheck, and on a
personal basis. For the circumstances in which she was not
communicated with and to wish her well in her ongoing
treatments,” he said.
I also want to thank Vicky for the very clear encouragement
she was giving, that women should not be deterred from
availing of the screening programme.
O’Brien also said today that he was aware of the full extent
of Phelan’s case until he read about it in news reports.
On Saturday, CercivalCheck’s clinical director Dr Gráinne
Flannelly confirmed that she was stepping down from her
position.
O’Brien this afternoon paid tribute to Flannelly’s work in
developing the screening programme.
With reporting by Hayley Halpin
http://www.thejournal.ie/cancer-screening-hse-team-3986427-Apr2018/
US lab involved in cervical cancer
smear tests scandal threatened legal
action against HSE
Wednesday, May 16, 2018
Fiachra Ó Cionnaith and Elaine Loughlin
https://www.irishexaminer.com/breakingnews/ireland/tanaiste-govt-cannot-stop-
oireachtas-committees-investigating-cervicalcheck-scandal-843247.html
Disgraceful, god only knows what else is being kept quiet and swept under the carpet.
11th May
Simon Harris said recent revelations that 209 cancer patients had
previously received wrongly-interpreted all-clear smear results had
devastated the country.
The HPV vaccine protects girls from developing cervical cancer ... the Minister for
Health to reporton the ... Minister for Health (Deputy Simon Harris):
https://data.oireachtas.ie/ie/oireachtas/debateRecord/dail/2
016-07-12/debate/mul@/main.pdf
Opening statement, Jim Breslin, Secretary General, Department of Health
Statement by Jim Breslin on CervicalCheck controversy and processes surrounding open
disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-jim-breslin-secretary-general-
department-of-health_en.pdf
John Connaghan, Interim Director General, Health Service Executive (HSE)
Statement by John Connaghan on CervicalCheck controversy and processes
surrounding open disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-john-connaghan-interim-director-
general-health-service-executive-hse_en.pdf
The Attorney General Séamus Woulfe has advised the Government the
legally safer option would be to insert an enabling provision in the Constitution
if the Eighth Amendment is repealed.
Abortion Q&A: What will happen after you vote in the referendum?
Abortion legislation: the really contentious bits
Abortion: The Facts
https://www.irishtimes.com/news/politics/full-text-of-
attorney-general-s-advice-on-repeal-of-eighth-amendment-
1.3374141?mode=amp
Unfortunately there is no full real text of the 'Enabling Clause' and that is what I want to see ! I
read that already some time ago on the AG's website ...
Dr Boylan things 38% is 80% and Simon Harris thinks 24 weeks is whole lot different
from 6 months!
George Soros is
Spending Big Bucks to
Try to Legalize Abortion
in Ireland
INTERNATIONAL BILL DONOHUE MAY 14, 2018
PRO-ABORTION ELITES
ACTIVE IN IRELAND
Catholic League president Bill Donohue
comments on the upcoming referendum on
abortion in Ireland:
In 1983, Ireland passed the Eighth Amendment
outlawing abortion in most cases. Its future will
be decided in a May 25 referendum. Activists
from both sides have drawn support from inside
and outside the country.
One of the most controversial issues to emerge
in this protracted battle over the abortion law is
the funding of Amnesty International by atheist
billionaire George Soros.
Ireland makes it illegal to accept all but a small
amount of money from a foreign donor for
political causes. Yet this hasn’t stopped Soros
from giving Amnesty International $160,964 to
fund its “My Body My Rights” campaign; he has
also greased other pro-abortion groups in
Ireland. Last year, the Standards in Public Office
Commission ordered Amnesty International to
give back the money to Soros’ Open Society
Institute. It refused and the case is now before
the courts.
Ireland’s Prime Minister, Leo Varadkar, is
delighted that his Health Minister is
encouraging voters to legalize abortion. He also
endorses the government siding with Amnesty
International, even though the human rights
entity has received illegal foreign donations. So
much for fidelity to the law.
What has not received the attention it merits is
the tortured logic of Colm O’Gorman, the
executive director of Amnesty International in
Ireland.
On the one hand, he calls on the state to
“protect foetal welfare” by ensuring proper
healthcare and nutrition for pregnant woman.
On the other hand, he says “there is a terribly
important distinction between protecting foetal
interests and conferring a right to life on the
foetus.” Interestingly, he never tells us what it
is.
What on earth does fetal welfare mean if it
doesn’t mean the right to develop into a full-
fledged human person? It most certainly will,
provided its maturation is not interrupted.
Similarly, if the fetus isn’t worthy of the right to
life, why should we worry about its welfare?
The dilemma that O’Gorman is faced with—
acknowledging the humanity of the unborn
while defending abortion—is shared by virtually
all of his Irish supporters. Consider the language
of the Eighth Amendment: “The State
acknowledges the right to life of the unborn
and, with due respect to the equal right to life
of the mother, guarantees in its laws to respect,
and, as far as practicable, by its laws to defend
and vindicate that right.”
Are those who disagree with this statement
prepared to say that “the life of the unborn” is a
fiction, and that there was scientific evidence
available in 1983 to validate that claim? If so,
we would like to see it.
Are they prepared to argue that there is some
new biological evidence indicating that life
begins at birth? If so, we would all like to see it.
If not, then they would be voting to deliberately
end the life of an innocent human being.
The Irish people have a grand opportunity to
affirm that life begins at conception, and that
they will not listen to the likes of Amnesty
International, and its shady benefactor, George
Soros.
"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.
The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".
Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:
"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.
The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".
Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:
He said: "I think it's very clear, and I think everyone accepts
in this house (Dáil) that there have been failures in this
situation and I think it raises issues about the longer term
accountability of the HSE.
"The Minister has signalled that he will be introducing
legislative change to change the oversight mechanisms for
the HSE and the house will have ample opportunity discuss
how we best do that."
Documents released this week and last week reveal that the
chief medical medical officer Dr Tony Holohan was aware of
this and received regular updates throughout 2016.
Fianna Fáil leader Micheál Martin has pointed out that there
was a "circumvention" of open disclosure.
"Is there any link between that and the then Minister for
Health Leo Varadkar in not to proceed with his original
commitment to introduce mandatory disclosure?" Mr Martin
asked.
4. We will learn lessons from recent weeks not least the ability to say
sorry. Patients need to know what happened, what can be done to
deal with any harm and what will be done to prevent someone else
being harmed.
"I think it's important that the public have some assurance
in the near-term as to where [things] stand on this issue.
https://www.irishexaminer.com/breakingnews/ireland/vicky-
phelan-and-stephen-teap-accuse-health-officials-of-cover-
up-in-strong-speeches-to-pac-843211.html
Tánaiste: Govt cannot stop Oireachtas
committees investigating
CervicalCheck scandal
Wednesday, May 16, 2018
Tánaiste Simon Coveney has said the Government cannot
order Oireachtas committees to stop investigating the
cervical cancer scandal, despite concerns an independent
expert examining the crisis the dual questioning is
distracting witnesses.
Mr Coveney said any attempts by ministers to freeze
Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.
“In cases where the woman has died, simply ensure the
result is recorded in the woman’s notes,” the memo added.
CERVICAL CHECKS
Doctors told not to
reveal cervical
check reviews
Jennifer Bray, Katie O’Neill
May 16 2018, 12:01am,
The Times
Absolutely disgusting, not only the behaviour of that fat pig but the amount she receives in a
pension for been an incompetent asshole!
The HSE have confirmed that two more women have been
contacted in wake of the recent CervicalCheck controversy.
In an announcement made on Tuesday, the Health Service
Executive said so far they have contacted 205 women or
families of the 209 women affected by the scandal.
They also revealed that the latest audit shows that in total 18
women died after they were provided with incorrect tests
results.
The latest announcement comes as the heath also confirmed
that in total 7,103 calls have been returned by the
CervicalCheck screening service.
Thug Emma Mhic Mhathúna duine den os cionn
200 bean a fuair torthaí tástála míchruinn
agallamh coscrach inniu don Saol Ó Dheas faoin
drochscéala a fuair sí inné go raibh an ailse atá
uirthi scaipthe ar fud a coirp
Whats the point in getting another smear check so. Sure you will
never know for sure if the results are right or not.
Hilary O'Neill
2 hrs
URGENT URGENT URGENT - PLEASE SHARE
The Taoiseach's office returned my call this morning and confirmed to me
that Cervical Check will continue to use Quest Laboratories to test our smear
tests in spite of the warnings in 2008 and the misdiagnosis and deaths of
countless women in the intervening 10 years. This is absolutely scandalous
and total and utter wreckless endangerment of our lives. The civil servant
that called me advised me to ring Cervical Check. To do what you might
ask? To confirm what I already know. That our lives and our health just do
not matter one iota to these people. Are we seriously going to accept this? It
really is time the women of Ireland said enough is enough!
Join Cancer Trials Ireland as they celebrate the fantastic contribution patients, their
families, clinicians and researchers make to help find answers to cancer through cancer
trials.
This event will be hosted at Farm
leigh House in Dublin’s Phoenix Park at 11am this Friday, May 18th. Tickets are free but
you must register here!
May 15, 18
https://my.uplift.ie/petitions/justice-for-cervical-smear-scandal-
victims?bucket&source=facebook-share-button&time=1526359608
We should never have heard of Vicky Phelan or Irene Teap or
Emma Mhic Mhathúna or any of the other women affected by the
cervical cancer scandal.
At least not for being young women and mothers and terminally ill
with cervical cancer. Because a system that was supposed to
protect them let them down very badly.
Their bravery and courage are in sharp contrast to the abject
failings of the State agencies charged with protecting our health.
It is chilling to think of the silent death toll that would have
continued to rise unchecked had Vicky Phelan not been so brave.
There is something rotten at the heart of our health system. It’s a
reluctance to own up to mistakes – a fear of being sued. This is
corrosive and unless and until it changes, nothing will change and
we will continue to have more Vicky Phelans and Irene Teaps and
Emma Mhic Mhathúnas.
Niamh Ni Mhurchu is a partner in Callan Tansey solicitors.
As a lawyer it also pains me to say that the legal system we have
in place to deal with medical negligence cases is structurally unfit
for purpose. I have to work with this system every day. I sit with
clients who have been traumatised by the clinical failings of their
doctors; a trauma that is made worse by the manner in which they
are treated by hospital management when they seek answers and
by the manner in which the State defends their case. This trauma
goes on for years.
Mediation, rather than the gladiatorial arena of the court room is
the way forward for medical negligence actions and gives all
parties the opportunity to reach a settlement in a much less
hostile environment.
As I think of these women this week I am reminded of my clients
who have suffered themselves or lost their loved ones - babies,
young women, young fathers and grandparents - through medical
negligence and who were treated appallingly by the State.
I have had cases which were so clear-cut in terms of negligence
that I forwarded my experts’ reports to the State at a very early
stage to avoid protracted litigation only to be met with a full
defence and then settlement talks on the morning of the hearing
of the case. This “defending the indefensible” cannot continue.
It’s unconscionable.
The State Claims Agency has said that they will not prosecute
cases of a similar nature to Vicky’s. Why is that? Why did they
defend Vicky Phelan's case? Why insist on a gagging clause up
front when negotiating a settlement?
Thankfully the truth has come about the shortcomings in the
screening of cervical cancer but we came very close to it lying
buried forever. Vicky has done the women of this country a huge
service with her bravery.
We need the medical profession and the State agencies such as
the State Claims Agency which manages medical negligence
claims on behalf of the State to undergo a real and meaningful
change in their approach to clinical errors. Mandatory disclosure
of these errors is the only credible way forward and our politicians
must show real courage in withstanding vested interests and put
this approach on a legislative footing.
My fear is that with the passage of time, memories will fade and
we will slowly settle back into the couch of complacency.
Vicky Phelan is a remarkable woman whose courage has given us
the opportunity to finally put the patient and their families at the
heart of our health system and to treat citizens who bring cases
as human beings rather than an inconvenience.
We owe her that much at the very least.
Today’s Cabinet meeting heard that Dr Gabriel Scally has written to the
Department of Health to warn that he has already run into "some problems"
with his scoping inquiry.
A note written by Dr Scally was shown to ministers as part of a tranche of
documents brought to the meeting by Health Minister Simon Harris.
Officials from the HSE, CervicalCheck and Department of Health are due to
appear before TDs at both committees later this week.
The note said the doctor was "making progress" in setting up his team and
planning out the key lines of inquiry.
Dr Scally informs the Department’s Secretary General that he has "had the
privilege of meeting and talking to some of those most affected, particularly
Vicky Phelan".
But he adds: "I however would like to express concern that the current fevered
atmosphere is posing some problems.
"It is apparent to me that some key individuals and organisations are being
distracted by the necessity of preparing to appear before committees and
answering questions on very specific aspects of the this substantial system
failure that has led to such genuine concern and heartbreak."
Dr Scally says he needs "to gain the full attention and cooperation of the key
individuals and their organisations".
The note concludes that he is doing his best "to deliver the best information,
analysis and recommendations so that those most affected, the women and
their families, can receive the clearest possible picture of what went wrong".
Taoiseach Leo Varadkar told the Dáil that a trawl of more than 40 million
emails and other documents has found “roughly a dozen” relevant to the
current controversy.
“They confirm that there were no concerns about patient safety raised, no
concerns about the ethicacy of the programme, no concerns about any
particular labs,” Mr Varadkar said.
He added that no minister was ever made aware of the problems with
screening audits.
Fianna Fáil leader Micheál Martin said the memos pointed to “containment
and concealment”.
He said there had been “an absence of political leadership” in the Department
of Health since the controversy broke.
“People are saddened, they are angry, in some instances confused in terms of
the entire scandal itself,” he said.
She said governments “are too busy staying in power to govern” and the
Opposition are “too busy scoring political points”.
Ms Daly added that the “media are too bloody lazy to analysis what goes on in
here”.
Someone should be charged with manslaughter 17 deaths and sadly more to follow.
Yes i agree it is manslaughter, I've got the same issue, against the medical Council, which is also
manslaughter, in both of my parents case, and Simon Harris has on several occasions refused to see me.
And minister of mental health John Daly had refused to do anything about this. My mother was given
ect treatment, against her will, without consent, by unqualified doctors, and consultant, and clinical
doctor. Without a referral letter from her own gp. And the chief executive of medical council Ireland, is
covering up for this, along with minister Harris and Daly.
Ive taken consultants to the Gardai and they have opened a full criminal investigation with
appointment of the state pathologists Dr Marie Cassidy, into the death of my Dad whereby we
called the Gardai to the hospital bedside when our Dad passed away, this lady should
definitely have a criminal investigation opened.
Our Dad Michael Daly passed away 7th April 2010, his death was
untimely, we called the Gardai to the hospital when our Dad
passed away and asked for an autopsy and an inquest into his
death as we had become suspicious about the care he did and
did not receive.
Because of the testimonials of others, Limerick Coroner at Inquest
had to call a verdict of natural causes due to being given
misleading information as we now know.
We disagreed with this verdict and I set about investigating our
Dad's death and after 4yrs I compiled an overview of what I say
happened our Dad which was no where near the offical cause of
death we had been given, this was backed by international
experts and upon receipt of their reports, I contacted the Coroner
of Limerick and after receiving some documents from university
hospital Limerick that was not available to us at the 1st Inquest
That I showed the coroner he agreed to a 2nd fresh new Inquest,
which is pending and will commence after the Gardai case is
finished.
Subsequently I made a detailed complaint to An Gardai
Siochanna and after a year with them they decided to open an
investigation into our Dad's death and with senior detectives
assigned to the case with an incident room set up and with the
appointment of the state pathologist Dr. Marie Cassidy, and this
investigation is ongoing and we are very happy with how An
Gardai Siochanna are handling this.
I was also successful in having the HSE appoint a world
renowned Colo Rectal Expert for an external review into the care
provided to our Dad, and I also made a complaint to the irish
Medical Council of Ireland in 2013, they took 3 years to
investigate and decided in Oct 2016 to bring this case to a full
fitness to practice inquiry on grounds of poor professional
performance the case being sufficiently serious.
From October 2016 to March 2018, preparations were under way
for the inquiry, with myself being prepped as a main witness,
suddenly in March I received an email asking me to come to
Dublin and without getting into explanations for legal reasons, I
was told that the inquiry was being struck out.
Our family do not accept the reason given and neither does many
other Professionals on this case.
We find it extraordinary that a complaint (about a consultant
surgeon) that has been with the Medical Council of Ireland for
5yrs now and after being sent forward to a fitness to practice
inquiry can be struck out at the 11th hour so to speak, especially
considering that the Medical Council of Ireland knows that there is
a criminal investigation ongoing by An Gardai Siochanna and a
2nd new Inquest ordered by Limerick Coroner John McNamara,
and also an external review by the HSE with appointment of a
world renowned Colo Rectal Expert, and that the Medical Council
of Ireland is about to strike out this case on the 12th of April 2018.
If they do strike out the case, we will go to the high court for a
judical review of their decision and hopefully we will have that
decision overturned and that the inquiry will go ahead.
I have been given a last opportunity to write to the fitness to
practice committee before they rule on a strike out, I have sent
contradictory evidence to them about what this offending doctor
has said in his statement to them, there is even a colleague of this
offending doctor who has given contradictory evidence against
this doctor, and if they do not go to a fitness to practice inquiry
considering all the evidence and facts before them, and with
consideration given that this man died in a hospital and that the
Gardai are involved and with a 2nd inquest ordered, it beggers
belief that the Medical Council of Ireland has decided to strike out
this case.
We have now decided to go public on this decision of the Medical
Council of Ireland and attend their headquarters in Dublin on the
morning of the 12th of April 2018 the day they meet to discuss
striking out the case, to peacefully protest at any decision to strike
out this case.
There should not be a strike out of this case.
Please share this post in solidarity with us in getting justice for our
Dad.
PLEASE SIGN THE PETITION
https://www.change.org/p/ceo-of-the-irish-medical-council-o…
Thank you very much, Mike Daly.
Share this post and the #tags to fb & Twitter
#justiceforMichaelDaly
#afairhearingforasaddeath
Minister slams HSE memo on
cervical cancer scandal as
'disgusting'
the HSE detailed in a memo on the cervical cancer scandal are "disgusting", according to Minister
Regina Doherty.
The Jobs and Social Protection Minister slammed the actions of those behind a memo written in 2016
It is now nearly two weeks since it emerged that 209 women, who were wrongly given all-clear test
Speaking on RTE Radio One's Morning Ireland, Minister Doherty said it was "very obvious" to her that
those behind the memo had no concern for the 209 misdiagnosed women.
We don't know who made the decision to pause letters [informing patients of
their misdiagnosis]," Minister Doherty said.
"The language in those memos yesterday... I mean I very rarely agree with
Alan Kelly but it's absolutely outrageous.
"For a caring profession, I think the very obvious part for me was the only
thing they cared about was protecting themselves from the potential risk of a
media campaign.
"What they clearly didn't care about was the 209 women who all have cancer,
who are all fighting and struggling to save their lives.
Vicky
Phelan calls for 'urgent, prompt and public' investigation
into cervical cancer scandalThe Limerick mum-of-two,
who has terminal cervical cancer, exposed the cervical
smear controversy after she settled her High Court action
against a US laboratory for €2.5m.
She continued; "They were writing these memos to defend and protect themselves... because God
forbid if any women got a letter that she might run to the media, it's disgusting."
The minister said she does not feel she has accountability after the embattled HSE Director General
Tony O'Brien took the decision to step down from his position yesterday.
His decision followed Children's Minister Katherine Zappone publicly calling for him to resign after the
The Independent minister broke ranks to describe the latest revelations in the CervicalCheck scandal as
a "game-changer".
Minister Doherty said this morning she wouldn't have allowed Tony O'Brien to step down.
"Well, to be very clear and this is only my personal opinion, Tony O'Brien resigning last night doesn't
give me accountability.
"I know, and I heard last night, that [one of the women caught up in the cervical cancer scandal] Emma
Mhic Mhathúna said she got joy, in a weird way I'm very pleased for her, because of the difficult
But we don't have accountability, we don't know who made the decision to
pause the letters."
The minister also said Health Minister Simon Harris will be presenting
"practical proposals" today about how to help the affected women and their
families.
© Provided by Irish Independent STRENGTH: Vicky Phelan with her husband
Jim and children Amelia and Darragh. Photo: Fergal Phillips "Today's Cabinet
meeting is very important. It's all about the women affected, and the women
who have passed away.
"The only thing about this is minding the women, which the HSE doesn't seem
to get, which you don't get when you read the language in the memos.
"[Tony O'Brien] made his decison last night so let him off. I wouldn't have let
him off, but I don't get to give my view. Simon Harris is bringing proposals
today, practical proposals, about the treatment, be it experimental drugs,
medical care and childcare."
She added; "The only thing we can do is fix the situation as it is at the
moment.
"Our priority is to mind the 209 women and their families and help them in any
simple way to fight for their lives."
The minister also called for a change-up in the management structure of the
HSE.
Contact
As of yesterday face-to-face contact still had to be made with seven of the
women or relatives.
Seventeen women have died and their next of kin are now being traced.
HSE director Damien McCallion, now installed to oversee the running of the
screening service, said he did not know how many women received a
diagnosis of terminal cancer.
“One lady is in Russia and we’re trying to work through the Russian Embassy
to make contact with her. And there are three people who had multiple
hospitals involved and we’re trying to close those out.”
http://www.hsa.ie/eng/Publications_and_Forms/Publications/Construction/Manual_Handli
ng_in_the_Irish_Construction_Industry_-_Summary_Report.pdf
Spinning Science & Silencing Scientists:
A Case Study in How the Chemical Industry Attempts to
Influence Science
https://usrtk.org/wp-content/uploads/2018/02/REVISED-FINAL-Minority-Staff-Report-on-
Glyphosate-2.6.2018.pdf
The judgment, by the high Court, Mr justice Kelly president of the High Court, delivered on the 8th
day of May, 2018. Between the medical Council in Ireland, and Dr Arjan bhatia. Tells a lot about the
how our health services, are incorrect in supplying, A legal responsibility to ensure that patients are
fully aware of the issues, about unqualified doctors, consultants clinical directors.
And also unqualified doctors working in biochemistry labs, for the mental health services.
Unfortunately this is happening in our mental health services at the present moment.
There is a unqualified psychiatrist, who is unqualified consultant. Working with the mental health
commission, on tribunal panell so let's hope you don't get this doctor, if anyone has to be assessed by
one of these panel's.
They found out she was dead
so just filed it away': Daughter
of woman who died in cervical
smear scandal
Grace Rattigan spoke to RTÉ’s Ray D’Arcy about the death of her
mother Catherine Reck.
May 18
Many people have asked me lately if the Current Cervical Cancer Situation had anything to do with my
Mam. Unfortunately it has, My Mam is one of the 17 Women who have died.
We cannot believe we are writing this. We cannot believe that this is happening to us.
Vicky Phelan, Irene Teap, and Emma Mhic Mhathúna all women you have heard about since this fiasco began.
You can now add Catherine Reck to that list. Catherine had a routine smear test in November 2010. The results
given to her were low grade abnormalities. (Pre-cancerous cells) and she was told to wait 6 months and return for
retest which is the normal procedure when low grade pre-cancerous abnormalities are detected. However she
began having irregular bleeding shortly after this test. When the bleeding got increasingly worse she presented to a
GP In April 2011.
That GP then wrote to Cervical Check in Tallaght Hospital to say Catherine needed to be seen. The GP informed
us at the time that they marked Catherine’s case as “urgent”. We found out that they had never marked Catherine’s
case as urgent. A member of our Family who works in Tallaght Hospital went to the Colposcopy Clinic to see why
Catherine’s “urgent” referral had not been addressed. Following this, Catherine was called for a colposcopy in
Tallaght on the 11th of August 2011. She was told there and then that they were highly confident it was Cervical
Cancer and would do a Biopsy which confirmed Catherine had Stage 3 Cervical Cancer and so our nightmare
began.
As many already know, Catherine and her family (us) faced 8 harrowing months and she passed away on April
13th 2012 aged 48.
The audit of cervical tests has uncovered that the smear Catherine received in November 2010 was incorrectly
reported. It was not low grade abnormalities, it was infact exceedingly high grade Abnormalities and needed
immediate attention.. We have now been informed that had this been reported correctly the colposcopy would have
been requested immediately and would have been conducted no later than January 2011. Conversly, as a result of
this discrepancy, the colposcopy was not carried out until August 2011. 7 months later, meaning treatment didn’t
begin until October 2011. Almost a year after the incorrect smear test result was received. Things could have been
very different for all of us right now. That is what we are trying to process, we feel as though we are starting our
grieving process all over again. It feels like a wound has been ripped open, the sadness and anger is palpable.
The Doctor we sat in front of this week in Tallaght Hospital was the same Doctor who originally diagnosed
Catherine. We were invited to a suite 8 of the Hospital, the Cervical Check suite. We had hoped for a private
room, totally detached from the area which holds so much pain and sadness for us. We were not that lucky. The
first staff member we encountered had no idea why we were there and met us with suspicion and condescension.
We stood in a hallway with blank faces observing the staff scramble to figure out why we were there. They then
realised and spent the next few moments scrambling to find a “free room” for us to meet the Doctor. The Doctor
arrived and we were led into an examination room. A colposcopy examination room with an examination bed and
stirrups sitting in the room with us. It’s quite possible this is the exact room Catherine received her examination
and diagnosis in.
The Doctor sat in front of us and informed us that they were made aware of the discrepancies in Catherine’s smear
test result in 2016. The Doctor stated that they had followed instruction on a letter from Cervical Check.
“In the cases where a woman has died, simply ensure the result is recorded in the woman’s Notes”
They chose not to inform us.There was in fact a hand written note scribbled by the Doctor on the letter. The note
read: “Find out if the patient is Alive or Not ” that’s how much regard the Doctor gave the situation. You can
imagine how it felt to sit opposite the Doctor and hear from their own mouth that they chose to not tell us.
Even the manner of how we were notified was questionable. When this issue began to come into the media,
Catherine’s next of kin and husband (Paul) phoned Cervical Check to ask if our family where affected. He has
since got several automated texts addressing him as if he was a woman concerned about their own smear results,
not the widow of one of the women. The Doctor then phoned Paul last Friday night at 19.00 to tell him we were
affected no other real detail and arranged for us to come in. Being left the entirety of a bank holiday to mull over
the minimal information and not be able to do anything until the following Tuesday .
We are numb, we are angry; we have been brought back to the start of a long and difficult grieving process. This
changes everything, all of the “what if’s” suddenly feel different. We spent the last six years accepting that we
were dealt a shitty hand, that bad things happen and unfortunately it happened to us. To learn this could have
potentially been avoided, it now feels like Catherine’s life and her positive impact on our lives was stolen. Every
milestone we have passed without her through cloudy eyes and heavy hearts now feel like an extension of this
sense of being “robbed”. We are ready to fight this. We are not calling for heads to roll. We won’t be causing
undue panic or concern on the system. We want answers for Catherine, her family (us) and the other women and
families who have been failed. We want accountability. Above all else we want change. We never want this to
happen to any woman or her family in this Country again.
They don't know d meaning of accountability They know d meaning of curruption for sure
They certainly knew about d cervical testing n kept quite for years dissolve d government now
women s life s matter
https://www.irishexaminer.com/breakingnews/ireland/tanaiste-govt-cannot-stop-
oireachtas-committees-investigating-cervicalcheck-scandal-843247.html
Disgraceful, god only knows what else is being kept quiet and swept under the carpet.
11th May
Simon Harris said recent revelations that 209 cancer patients had
previously received wrongly-interpreted all-clear smear results had
devastated the country.
The HPV vaccine protects girls from developing cervical cancer ... the Minister for
Health to reporton the ... Minister for Health (Deputy Simon Harris):
https://data.oireachtas.ie/ie/oireachtas/debateRecord/dail/2
016-07-12/debate/mul@/main.pdf
Opening statement, Jim Breslin, Secretary General, Department of Health
Statement by Jim Breslin on CervicalCheck controversy and processes surrounding open
disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-jim-breslin-secretary-general-
department-of-health_en.pdf
John Connaghan, Interim Director General, Health Service Executive (HSE)
Statement by John Connaghan on CervicalCheck controversy and processes
surrounding open disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-john-connaghan-interim-director-
general-health-service-executive-hse_en.pdf
The Attorney General Séamus Woulfe has advised the Government the
legally safer option would be to insert an enabling provision in the Constitution
if the Eighth Amendment is repealed.
Abortion Q&A: What will happen after you vote in the referendum?
Abortion legislation: the really contentious bits
Abortion: The Facts
https://www.irishtimes.com/news/politics/full-text-of-
attorney-general-s-advice-on-repeal-of-eighth-amendment-
1.3374141?mode=amp
Unfortunately there is no full real text of the 'Enabling Clause' and that is what I want to see ! I
read that already some time ago on the AG's website ...
Dr Boylan things 38% is 80% and Simon Harris thinks 24 weeks is whole lot different
from 6 months!
George Soros is
Spending Big Bucks to
Try to Legalize Abortion
in Ireland
INTERNATIONAL BILL DONOHUE MAY 14, 2018
PRO-ABORTION ELITES
ACTIVE IN IRELAND
Catholic League president Bill Donohue
comments on the upcoming referendum on
abortion in Ireland:
In 1983, Ireland passed the Eighth Amendment
outlawing abortion in most cases. Its future will
be decided in a May 25 referendum. Activists
from both sides have drawn support from inside
and outside the country.
One of the most controversial issues to emerge
in this protracted battle over the abortion law is
the funding of Amnesty International by atheist
billionaire George Soros.
Ireland makes it illegal to accept all but a small
amount of money from a foreign donor for
political causes. Yet this hasn’t stopped Soros
from giving Amnesty International $160,964 to
fund its “My Body My Rights” campaign; he has
also greased other pro-abortion groups in
Ireland. Last year, the Standards in Public Office
Commission ordered Amnesty International to
give back the money to Soros’ Open Society
Institute. It refused and the case is now before
the courts.
Ireland’s Prime Minister, Leo Varadkar, is
delighted that his Health Minister is
encouraging voters to legalize abortion. He also
endorses the government siding with Amnesty
International, even though the human rights
entity has received illegal foreign donations. So
much for fidelity to the law.
What has not received the attention it merits is
the tortured logic of Colm O’Gorman, the
executive director of Amnesty International in
Ireland.
On the one hand, he calls on the state to
“protect foetal welfare” by ensuring proper
healthcare and nutrition for pregnant woman.
On the other hand, he says “there is a terribly
important distinction between protecting foetal
interests and conferring a right to life on the
foetus.” Interestingly, he never tells us what it
is.
What on earth does fetal welfare mean if it
doesn’t mean the right to develop into a full-
fledged human person? It most certainly will,
provided its maturation is not interrupted.
Similarly, if the fetus isn’t worthy of the right to
life, why should we worry about its welfare?
The dilemma that O’Gorman is faced with—
acknowledging the humanity of the unborn
while defending abortion—is shared by virtually
all of his Irish supporters. Consider the language
of the Eighth Amendment: “The State
acknowledges the right to life of the unborn
and, with due respect to the equal right to life
of the mother, guarantees in its laws to respect,
and, as far as practicable, by its laws to defend
and vindicate that right.”
Are those who disagree with this statement
prepared to say that “the life of the unborn” is a
fiction, and that there was scientific evidence
available in 1983 to validate that claim? If so,
we would like to see it.
Are they prepared to argue that there is some
new biological evidence indicating that life
begins at birth? If so, we would all like to see it.
If not, then they would be voting to deliberately
end the life of an innocent human being.
The Irish people have a grand opportunity to
affirm that life begins at conception, and that
they will not listen to the likes of Amnesty
International, and its shady benefactor, George
Soros.
"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.
The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".
Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:
"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.
The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".
Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:
He said: "I think it's very clear, and I think everyone accepts
in this house (Dáil) that there have been failures in this
situation and I think it raises issues about the longer term
accountability of the HSE.
"The Minister has signalled that he will be introducing
legislative change to change the oversight mechanisms for
the HSE and the house will have ample opportunity discuss
how we best do that."
Documents released this week and last week reveal that the
chief medical medical officer Dr Tony Holohan was aware of
this and received regular updates throughout 2016.
Fianna Fáil leader Micheál Martin has pointed out that there
was a "circumvention" of open disclosure.
"Is there any link between that and the then Minister for
Health Leo Varadkar in not to proceed with his original
commitment to introduce mandatory disclosure?" Mr Martin
asked.
4. We will learn lessons from recent weeks not least the ability to say
sorry. Patients need to know what happened, what can be done to
deal with any harm and what will be done to prevent someone else
being harmed.
"I think it's important that the public have some assurance
in the near-term as to where [things] stand on this issue.
https://www.irishexaminer.com/breakingnews/ireland/vicky-
phelan-and-stephen-teap-accuse-health-officials-of-cover-
up-in-strong-speeches-to-pac-843211.html
Tánaiste: Govt cannot stop Oireachtas
committees investigating
CervicalCheck scandal
Wednesday, May 16, 2018
Tánaiste Simon Coveney has said the Government cannot
order Oireachtas committees to stop investigating the
cervical cancer scandal, despite concerns an independent
expert examining the crisis the dual questioning is
distracting witnesses.
Mr Coveney said any attempts by ministers to freeze
Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.
“In cases where the woman has died, simply ensure the
result is recorded in the woman’s notes,” the memo added.
CERVICAL CHECKS
Doctors told not to
reveal cervical
check reviews
Jennifer Bray, Katie O’Neill
May 16 2018, 12:01am,
The Times
Absolutely disgusting, not only the behaviour of that fat pig but the amount she receives in a
pension for been an incompetent asshole!
The HSE have confirmed that two more women have been
contacted in wake of the recent CervicalCheck controversy.
In an announcement made on Tuesday, the Health Service
Executive said so far they have contacted 205 women or
families of the 209 women affected by the scandal.
They also revealed that the latest audit shows that in total 18
women died after they were provided with incorrect tests
results.
The latest announcement comes as the heath also confirmed
that in total 7,103 calls have been returned by the
CervicalCheck screening service.