Wallace v Health Service Executive & Ors (Approved) [2021] IEHC 681 (26 October 2021)

Wallace v Health Service Executive & Ors (Approved) [2021] IEHC 681 (26 October 2021)

CPL established a real risk of litigious disadvantage and prejudice to its defence if not permitted to remove markings for blind review; no compelling countervailing circumstances or demonstrable prejudice to plaintiff were shown; balance of justice favours granting the order.

Citation
[2021] IEHC 681
Parties
Plaintiff: Vivienne Wallace; Defendant: Health Service Executive; Defendant: Medlab Pathology Limited; Defendant: Sonic Healthcare (Ireland) Limited; Defendant: Clinical Pathology Laboratories Incorporated
Jurisdiction
Ireland
Judgment Date
26 October 2021
Procedural Posture
Interlocutory Application in Personal Injury Proceedings / High Court Reconsideration After Court of Appeal Remittal
Outcome
Application granted
Legal Topics
Cervical Check Screening Programme, Blind Review of Pathology Slides, Evidence Preservation, Litigious Disadvantage, Hindsight Bias
Medical Negligence Civil Procedure Cervical Check Screening Programme Blind Review of Pathology Slides Evidence Preservation Litigious Disadvantage Hindsight Bias

Case Brief

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Parties

Vivienne Wallace

Plaintiff

Health Service Executive

Defendant

Medlab Pathology Limited

Defendant

Sonic Healthcare (Ireland) Limited

Defendant

Clinical Pathology Laboratories Incorporated

Defendant

Procedural Posture

Interlocutory Application in Personal Injury Proceedings / High Court Reconsideration After Court of Appeal Remittal

Legal Issues

  1. 1 Whether the defendant should be permitted to remove all markings from a pathology slide for blind review
  2. 2 Whether refusal of such order would prejudice the defendant's defence
  3. 3 Whether removal would cause demonstrable prejudice to the plaintiff

Ratio Decidendi

CPL established a real risk of litigious disadvantage and prejudice to its defence if not permitted to remove markings for blind review; no compelling countervailing circumstances or demonstrable prejudice to plaintiff were shown; balance of justice favours granting the order.

Court Disposition

Application granted

Orders

  • Liberty granted to remove all markings from the slide in respect of the smear test taken on 14 September 2010 numbered ZA322603 for the purpose of blind review as outlined by Ms. Cropper