A amercement affirmation by terminally ill blight accommodating Ruth Morrissey was adjourned on Tuesday for added than four months due to new developments in her case.
Mr Justice Kevin Cross, apathetic until the end of January the balloon which was to accept resumed on Tuesday, said acutely difficulties had arisen and Ms Morrissey’s acknowledged aggregation was not now in a position to proceed.
Ms Morrissey’s admonition Jeremy Maher SC said she needs added time to accept experts backpack out added accordant and all-important inquiries in affiliation to apply slides. He said this was as a aftereffect of one of the defendants now abstinent account of her cervical blight as able-bodied as all-embracing liability.
Ms Morrissey (37) and her bedmate Paul, of Schoolhouse Road, Monaleen, Co Limerick, are suing the Health Service Executive and the US class Quest Diagnostics Ireland, which has offices at Sir John Rogerson’s Quay, Dublin, and Medlab Pathology, Sandyford Business Park, Dublin. The brace has a seven-year-old daughter.
The brace claims there was a abortion to accurately interpret, address and yze apply samples taken in 2009 and 2012 consistent in her blight overextension unidentified, unmonitored and basic until she was diagnosed with cervical blight in June 2014.
Mr Maher said one of the actor laboratories, Quest Diagnostics Ireland, had alone beforehand this ages provided his ancillary with a new report. This address was abstinent that Ms Morrissey’s blight had been acquired as a aftereffect of any absurdity in the account of her slides. He said this amounted to a absolutely new defence and Ms Morrissey appropriate added time to appoint experts to break that allegation.
He told the adjudicator that Quest Diagnostics had provided a address from a US able who had re-examined tissue sample tests that had been agitated out aback Ms Morrissey’s cervical blight had been apparent in 2014. The US able was of the appearance that alike if there had been apathy on the allotment of Quest in account the slides it had annihilation to do with the 2014 diagnosis, Mr Maher said.
Mr Maher said there was now not alone a abnegation of accountability but a abnegation of account as able-bodied and this was a abundant added austere affirmation that Ms Morrissey was not in a position to meet. He said her acknowledged aggregation had alone been acquainted of the abnegation of account on September 7th and appropriate added time to appoint experts to check slides.
He said Ms Morrissey’s experts ahead had admission to the slides for a aeon of alone 13 canicule while the defendants had them in their control for 64 days.
Both Mr Michael Cush SC, admonition for Quest, and Mr Eoin McCullough SC, for Medlab, told the cloister they were not opposing the appliance for an break but declared the amount should be put aback until January aing year.
“Balancing all affairs I will accept to the plaintiff’s appliance for an break until January 29th and put the case in for acknowledgment on October 26th,” the adjudicator said.
The balloon opened in July and was due to resume on Tuesday.
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