‘They said she was the only one, then Vicky Phelan happened’

Husband of woman who died from cervical cancer tells court she was asked by CervicalCheck not to go public with her case.

A man whose wife died from cervical cancer more than five years ago has told the High Court that, when she was in hospital, CervicalCheck visited her and asked her not to go public about her case.

“CervicalCheck visited her in hospital and asked her not to go public,” Cathal Curtis told Mr Justice Paul Coffey.

“They said she was the only one, then Vicky Phelan happened.”

He said if there was no Vicky Phelan case, the case of his wife Michelle Silke Curtis would have broken the CervicalCheck controversy.

Mr Curtis was speaking as he settled the action his wife started over the alleged misinterpretation of four of her smear slides.

Mother-of-two and nurse Michelle was 45 when she died in 2016, one year after she was diagnosed with Stage 4 cervical cancer.

The settlement against the HSE, two laboratories and a GP, was without admission of liability. The terms are confidential.

The Curtis family counsel Oonah McCrann SC with Sara Antoniotti BL instructed by Valerie Corcoran solicitor, told the High Court there was a “catalogue of tragic errors” and it was an enormous distress to Ms Silke Curtis that her case was not finalised before her death.

Her grieving widower Cathal told the judge he feels “quite insulted” by the behaviour of the defendants in the case and said they had agreed to settle but “Michelle sadly died”.

He said it has taken five and a half years to get to the point where the settlement could be ruled by the court. He said their lives have been stalled and, 10 weeks after Michelle’s death her father Bill Silke died.

“The shock of the cancer diagnosis, it broke his heart,” he said.

Referring to the litigation his wife had started, he said: “She said to a family member: ‘It has ruined my life. It has ruined my husband’s life’.”

Mr Curtis who sat in the witness box of Court One in the Four Courts said he was infuriated that it took four years to be told that a US laboratory had tested some of his wife’s smear tests.

He said he struggles as a lone parent to his daughters Annie and Sarah.

“Michelle was a lovely lady and mother who just wanted to be a stay-at-home mom.

“I hate Mother’s Day now and Valentine’s Day.

“I struggle hugely being a solo parent. I love my kids but I have to make every decision as a sole parent,” he said.

Mr Curtis of Oranmore, Co Galway, had sued the HSE, Medlab Pathology Ltd with offices at Sandyford Business Park, Dublin; US laboratory Clinical Pathology Laboratories Inc with offices at Austin, Texas and GP Saber Elsafty of Cappagh Road Surgery, Cappagh, Road, Galway.

The case related to four cervical smear tests taken between 2010 and 2012 which it was claimed were allegedly misinterpreted and misreported.

In September 2007 Ms Silke Curtis, it was claimed, had a smear test but unbeknown to her the sample was reported as borderline with advice to refer further.

It was claimed Dr Elsafty failed to inform Ms Silke Curtis of the result or to advise her and follow up on the report.

Three years later in November 2010, Ms Silke Curtis had a smear test under the National Cervical Screening Programme and it was sent to the MedLab laboratory for testing.

Atypical squamous cells were reported to be present with a follow-up smear advised for six months later.

In May 2011 Ms Silke Curtis had a repeat smear which was reported by MedLab as negative but in view of the previous abnormal result she was advised to have another test in six months.

In November 2011 she had another repeat smear test which was also reported negative by MedLab and a repeat smear was recommended for six months later.

In their defence delivered in 2019, three years after her death, the HSE and Medlab advised that the samples taken in November 2010, May 2011 and November 2011 were interpreted and reported on by the American laboratory Clinical Pathology Laboratories (CPL) which is based in Texas.

All the claims were denied by all defendants.

In September 2012, Ms Silke Curtis had a further repeat cervical smear test which also came back as negative and she was told by letter she would be advised of her next routine smear test in three to five years. Three years late in June 2015, she was diagnosed with a cervical tumour.

https://www.independent.ie/irish-news/courts/they-said-she-was-the-only-one-then-vicky-phelan-happened-41171782.html

Woman who got lost in Ikea warehouse after she was struck by flat-pack awarded €60,000 damages

A WOMAN who got lost for three hours in Ikea’s Ballymun warehouse, after she had been struck on the head by a falling flat-pack, has been awarded €60,000 damages.

Judge Cormac Quinn said in the Circuit Civil Court that she had suffered both physical and psychiatric injuries for which she was entitled to compensation of €40,000, together with €20,455 for special damages including a year’s loss of earnings.

Hannan Tababi (40) of Clarence Mangan Road, Dublin 8, told her barrister Eileen McAuley it had taken her three hours to find the exit from the Ikea store following the incident.

Ms McAuley, who appeared with Synnott Lawline Solicitors, said her client had been shopping for a chest of drawers in the bargain corner of the Ballymun, Dublin, warehouse in March 2016 when she had been struck by a large box containing flat-pack furniture.

Ms Tababi said the flat-pack box had been leaning against a wall of the warehouse the way a book would be placed upright on a shelf.

She was inspecting the label of a small box when a much larger one toppled, knocking her to her knees.

She said there had been no staff in the area to assist her, no signage warning of any danger and no strapping holding the box in place to prevent it falling.

Ms Tababi said she was dazed after the incident and visited the emergency department of St James’s Hospital the following day as she had been experiencing ongoing dizziness as well as pain in her left shoulder and hand.

She said she had lost her job in Apple as an IT technical support worker as a result of her injuries.

She had suffered mentally from the incident and had been diagnosed with Adjustment Disorder.

She experienced intense anxiety and low mood in the months afterwards and had nightmares about things falling on her or her children.

The two-day trial was delayed when barrister Conor Kearney, for Ikea, told the court that his instructing solicitor had just learned in court that a Covid test he had taken a day earlier had proved positive.

The case was adjourned to allow a deep cleaning of the courtroom.

Judge Quinn said Ikea had consented to his court having unlimited jurisdiction to deal with the matter, allowing him to make an award, if necessary, above the normal €60,000 jurisdiction of the Circuit Court.

He said that over the weekend he had carefully considered the evidence and particularly the various medical reports.

https://www.independent.ie/irish-news/courts/woman-who-got-lost-in-ikea-warehouse-after-she-was-struck-by-flat-pack-awarded-60000-damages-41171333.html

Jockey paralysed in horror fall WINS fight for millions in compensation after rival caused pile-up.

Freddy Tylicki has succeeded in his claim against Graham Gibbons over the 2016 fall at Kempton that paralysed him, the High Court ruled on Tuesday. Judge Karen Walden-Smith issued her judgement at 2pm, declaring: “The actions of Mr Gibbons were . . . undertaken in reckless disregard for the safety of Mr Tylicki.”

Tylicki said he was “delighted” by the news in a statement issued through Stewart-Moore solicitors. “It has taken five years for me and my legal team to overcome the injustice of the stewards’ inquiry which took place at Kempton immediately after the race,” the former jockey said.

“Today’s result has finally provided me with closure and I look forward to putting this all behind me and moving on with my life. I hope though that this judgement acts as a reminder that competing in a dangerous sport like horseracing is no justification for competing with a reckless disregard for the safety of your fellow competitors.”

The sum of money which must now be paid in compensation has yet to be determined.

The judge, who presided over five days of evidence and argument early this month, has identified a four-second period when Gibbons rode with what she calls reckless disregard, when he knew or ought to have known that his rival jockey was on his inside, within half a length of his own mount. She has ruled that Gibbons “did more than merely control Madame Butterfly to enable her to keep a racing line around a bend”.

“He exerted real pressure on the right-hand rein of Madame Butterfly in order to bring her across Nellie Deen’s racing line and did not stop bringing her in close to the rail, even after the first collision. Even if, which I do not accept is credible, Mr Gibbons was unaware of the presence of Nellie Deen until he heard the shout of ‘Gibbo’ from Mr Tylicki, he certainly knew of the presence of Mr Tylicki and Nellie Deen at that time and he does nothing to pull Madame Butterfly off the rail in order to give Mr Tylicki a chance.”

The judge adds that Gibbons’s actions “were not mere lapses or errors of judgement. This was a course of action that carried over a number of seconds and, while that might, in some circumstances, be considered a short period of time, in the heat of a horse race where jockeys are required to make split-second decisions . . . this was a sufficient period of time for a skilled jockey to make decisions”.

The judgement is sure to be much scrutinised in the coming days, being the first occasion on which a jockey has made a successful claim for damages against another jockey for a midrace incident. In particular, there will be questions about the future of the indemnity insurance available to jockeys and what it might mean for the sport if such insurance were to become unavailable.

With that in mind, the sport’s senior figures will take particular note of the judge’s concluding remarks: “I stress that the threshold for liability of negligence is a high one and has been determined as made out in this case, on its own particular facts. The finding does not set a precedent, either within horseracing or in sport generally.”

https://www.racingpost.com/news/latest/freddy-tylicki-has-won-his-high-court-case-against-graham-gibbons/528385