Vicky Phelan has reached a settlement of €2.5m
A LIMERICK woman who was given incorrect test results and is now terminally ill with cervical cancer has settled her High Court action against a US laboratory for €2.5m.
Vicky Phelan, 43, from Annacotty, was diagnosed with cancer three years after her smear test results of 2011 were incorrectly reported as being clear of any abnormalities.
By the time she had another smear test in 2014 she had cervical cancer.
A High Court action taken by Ms Phelan and her husband Jim Phelan against the Health Service Executive and Clinical Pathology Laboratories Inc, Austin, Texas, began last week.
Approving the €2.5 settlement at the High Court this Wednesday, Mr Justice Kevin Cross described Ms Phelan as the most impressive witness he had ever encountered.
He also praised both sides in the case for the speed with which the case was handled.
The settlement with the US laboratory for €2.5m was made without admission of liability. The proceedings against the HSE were struck out.
A portion of the monies will be paid into court and be held for the couple's two children who are now aged seven and 12.
Speaking outside the court afterwards, Ms Phelan said there were no winners in the proceedings.
'There are no winners' – terminally ill woman speaks after being awarded €2.5m settlement for missed cancer pic.twitter.com/CwemBjkckM— RTÉ News (@rtenews) April 25, 2018
“I am terminally-ill and there is no cure for my cancer. My settlement will be spent on mostly buying me time and on paying for clinical trials to keep me alive and to allow me to spend more time with my children,” she told reporters.
“If I die, and I truly hope that won’t be the case, the money will provide for my family,” she added.
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