Cash deal upsets cancer women

By MARTIN JOHNSTON health reporter

The Government has offered compensation of up to $30,000 to women affected by Dr Michael Bottrill's misreading of cervical smears, says one of the women.

This is 20 per cent of the $150,000 sought.

The Government and one of the lawyers handling the women's claims, Bruce Corkill, have refused to say how much has been offered.

But one of the women told the Herald yesterday that the 61 women who sought compensation had received a range of offers.

Some had been offered the maximum of $30,000, others nothing.

The women began a lawsuit against the Government and Dr Bottrill, a retired Gisborne pathologist, in 2001 after a ministerial inquiry into the under-reporting of cervical smear abnormalities in the region.

The inquiry, headed by lawyer Ailsa Duffy, QC, found that Dr Bottrill and the Ministry of Health should share the blame for under-reporting that led to dozens of women developing cervical cancer and some dying.

The women have claimed $150,000 each - $50,000 apiece from Dr Bottrill, the Attorney-General (on behalf of the former Health Department and the Health Ministry) and from the former Midland Regional Health Authority - for trauma and mental injury caused by having their smears misread.

An investigation found that almost 2000 women had their smears misread, mostly by Dr Bottrill's laboratory.

The Herald source said some of the women had decided to accept the Government's offer.

But another approach would be made to ministers to seek an increase to $50,000 for the worst-affected women.

"A lot of the women are upset because we had to sign a statement saying we would not take any further action against Bottrill.





"Some are very upset because they feel Bottrill hasn't been held accountable for his actions."

Mr Corkill said talks with the Government were continuing.

"It hasn't been finalised ... What's under consideration is subject to confidentiality."

Health Minister Annette King's spokesman said there was a "consultation process" with the women.

"If someone wants to say something, she's perfectly entitled to.

"We won't be commenting at all. It's a confidential process entered into between Bruce Corkill and the Government."

Antonia Fisher, the lawyer representing the woman whose court action against Dr Bottrill led to the ministerial inquiry, yesterday declined to comment on the case.

The woman's name was suppressed, but she was known to Herald readers as Jane.

She lost her first case against Dr Bottrill in 1999, but last year the Privy Council gave permission for a retrial.

She said then that she wanted to reach an out-of-court settlement with Dr Bottrill, but would return to court if necessary.

"It was gross negligence," she said.

One of Dr Bottrill's lawyers, Christine Meechan, said it would be inappropriate to discuss the negotiations regarding Jane.

Ms Meechan said she was not involved in any of the compensation talks for the 61 women.

Dr Bottrill's courtroom lawyer, Christopher Hodson, QC, is overseas.

The Bottrill saga

* Hundreds of Gisbornewomen hadcervical smear tests misread by pathologist Michael Bottrill during the 1990s.

* Dozens developed cervical cancer and some died. An inquiry blamed Dr Bottrill and the Ministry of Health but compensation was ruled out.

* After 61 women started a class action, the Government made a confidential settlement offer.