Microbiologist Elaine Flannery, mother of five (including Irish singer-songwriter Mick Flannery) died at the age of 59 from metastatic cervical cancer in October 2014. Today at the Four Courts, her family settled a High Court action against the alleged misdiagnosis of her smear slide by the HSE for €675,000.

David Flannery, Elaine's 70-year-old widower, sued the HSE and settled his action today. The High Court was told the settlement is without an admission of liability, which was heavily contested in the case.

Outside the Four Courts, her family's statement was read out on behalf of David Flannery by his son, Eamonn.

“What harm would it have done for the HSE to have said a simple sorry?" the statement said. "Wednesday is eight years to the day since our beloved Elaine was taken from us. She had been bravely battling cancer for the best part of two years when she died 17 days after her 59th birthday.”

At issue in the action was a smear slide from Mrs Flannery taken in November 2010 under the CervicalCheck programme. Elaine Flannery was diagnosed with invasive cervical cancer in 2012 and died two years later. The court was told of the family's distress today that there was no apology from the HSE.

Maths lecturer from Blarney, David Flannery, said the legal proceedings marked the end of a mediation process where there is a measure of financial compensation granted to the family “but not one word of an apology":

"Just a simple form of sorry for our enormous loss and for the heartbreaking pain caused would have sufficed," David's statement adds. “I won't pretend I know how they'd answer but we all know the good if would have done.”

On November 11, 2014, Mrs Flannery had a cervical smear test under the CervicalCheck national screening programme. It was claimed that the cytology report from a US laboratory indicated the smear sample was satisfactory for assessment and there was no evidence of neoplasia or abnormality.

Two years later in October 2012, Mrs Flannery was diagnosed as having invasive cervical cancer. She underwent chemotherapy, radiotherapy and brachytherapy but died on October 26, 2014.

The Flannery family counsel, Patrick Treacy SC instructed by Cian O’Carroll solicitors, told the High Court the case had been settled after mediation.

The case was before the court for the ruling of the statutory €35,000 solatium mental distress payment. Counsel said the settlement was without admission of liability.

Patrick Treacy SC told the court that experts on their side would contend that on examination of Mrs Flannery’s smear slide they found cells which one expert described as high grade. Counsel said it was their case that if Elaine Flannery had been referred for investigation and treatment in 2010, the cancer which was diagnosed two years later would have been prevented.

It was claimed there was an alleged failure by the HSE to ensure the provision of a proper, efficient and competent cervical cancer screening service. There was also an alleged failure to ensure that those providing the service possessed or exercised the necessary skill, experience, training or expertise to effectively report on cervical cytology and to detect the presence of changes in the cervix cells.

All the claims were denied. Noting the settlement, Mr Justice Paul Coffey extended his deepest sympathy to Mr Flannery and his family on their loss in a "sad and tragic case".