Tipperary nurse sues over alleged delay in breast cancer diagnosis

High Court reporters

A nurse who claims there was an alleged delay in diagnosing her breast cancer has sued the HSE in the High Court.

Mother of three Aine McSweeney from Clonmel, Co Tipperary, also claims that she had two mammograms in 2020 and 2022, which she says were allegedly incorrectly interpreted as benign.

Ms McSweeny (52) was diagnosed with breast cancer in 2023 and had to have a mastectomy, chemotherapy and radiotherapy.

In the proceedings, it is claimed that Ms McSweeney had two mammograms at the Breast Clinic in University Hospital Waterford in 2020 and 2022, which were reported back as benign.

It is claimed that these should have been reported as being indeterminate. It is contended that the two mammograms allegedly showed clustered calcifications. If the two mammograms had been followed through, the McSweeny side contends there would have been an investigation and treatment.

All of the claims are denied, and the High Court heard there is a difference of opinion between radiological experts on both sides.

Ms McSweeny’s counsel, Dr John O’Mahony, with Cian O’Mahony instructed by solicitor Brigid O’Donnell, told the court the nurse had a family history of breast cancer.

This, he said, had to be a factor and taken into account in determining the issue.

Mr Justice Paul Coffey has been asked to decide first on whether there was an alleged breach of duty by the HSE in relation to the mammograms carried out at University Hospital Waterford.

Opening the case, Dr O’Mahony told the court the cluster was in the site where the cancer was ultimately found.

It was their case, he said, that there was a “gradual progressive increase” where the cluster became more obvious and ultimately, in 2023, there was a diagnosis of cancer.

He said it was their case that a cluster was evident from 2020 and more obvious in 2022.

Experts on their side would say the mammograms of 2020 and 2022 should have been investigated and followed through. Counsel said there was no biopsy carried out.

If there was an earlier diagnosis, Counsel said it was their case Ms McSweeney would have got appropriate treatment in a timely manner.

Counsel said many cancers of the breast are diagnosed based on clusters before the woman has a lump.

In the proceedings, it was claimed that an alleged incorrect interpretation was given in a radiology report of a mammogram of October 23, 2020 and that the findings were reported as benign when it is claimed it showed clustered microcalcifications in the left breast and allegedly should have been reported as being indeterminate.

It was further claimed there was an alleged incorrect interpretation of a January 7, 2022 mammogram, which was reported as benign and which, it is claimed, should also allegedly have been reported as being indeterminate.

It is also contended that if a diagnosis of breast malignancy had been made in 2020, she would have been treated at a time when the disease was node negative and her tumour was significantly smaller than when eventually treated in 2023.

All of the claims are denied.

The case before Mr Justice Coffey continues.