Woman granted leave to serve personal injuries summons on US clinic conducting CervicalCheck
Updated: Jan 22, 2020
One of the women affected by the CervicalCheck controversy was today in the High Court granted leave to serve a personal injuries summons on an American pathology clinic.
Jacqueline Hopkins, of Carn Ard, Circular Road, Galway, represented by Peter McDonnell & Associates was told by Justice Miriam O’Regan that service of the proceedings could be made out of the jurisdiction on Clinical Pathology Laboratories Limited, of Wall Street, Austin, Texas.
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Peter McDonnell told the court that Clinical Pathology Laboratories was one of five defendants including the HSE, Quest Diagnostics Inc., Medlab Pathology Limited and Sonic Healthcare (Ireland) Limited, being sued by his client.
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Solicitor Peter McDonnell in an affidavit stated that in April 2009 Mrs. Hopkins had a smear test carried out under CervicalCheck, the National Cervical Screening Programme, as a result of which she had in 2010 undergone a full hysterectomy for a micro invasive cervical carcinoma.
Mr. McDonnell who is based in the Capel Building, Mary’s Abbey, Dublin 7, told the court Mrs. Hopkins had undergone further smear tests in January 2011 and in February 2012 both of which had been analysed by Clinical Pathology Laboratories Limited.
He said Mrs. Hopkins claims that Clinical Pathology Laboratories or its agents were guilty of negligence or breach of duty in having failed to prescribe a correct course of treatment and his legal firm believed that Mrs. Hopkins had a good cause of action against the laboratory and each of the other four defendants.
Judge O’Regan granted Mrs. Hopkins’ legal team liberty to issue and serve a personal injuries summons on Clinical Pathology Laboratories Limited at its Austin, Texas, headquarters and allowed the company 35 days to enter an appearance.
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