"'I just wanted to call you personally to apologise for what has happened to you but he also wanted to thank me for still encouraging women to go for smears and for promoting the Cervical screening programme' he said".
Her resignation comes after it was revealed that 206 women were wrongly diagnosed following routine smear tests.
The move follows a "cytology review" which suggested the first result was incorrect.
This morning the court was told the case had now settled and the case against the HSE could be struck out with no order.
The state's decision to deny a duty of care in this case to Ms Phelan's husband could indicate the state's future stance towards the families of other women, including the spouses of women who may have passed away from cervical cancer.
What is a smear test?
It was further claimed she was deprived of the opportunity of timely and effective investigation and management of her condition and deprived of the opportunity of treatment at a time when her disease was amenable to curative treatment.
Saturday night saw the HSE confirmed that the clinical director of Cervical Check, Dr Gráinne Flannelly, had stepped down from her post effective immediately, in wake of the recent cervical cancer scandal.
A smear test is undertaken to detect any abnormality which would be indicative that there is something untoward happening.
"Figures from National Cancer Registry Ireland show that the cervical cancer rate in Ireland has reduced significantly as a direct result of the CervicalCheck programme".
Dr Flannelly said she had chose to step aside to allow the service continue its important work.
"A cancer diagnosis is one of the most, if not the most, hard experiences a person and their family can deal with".
"Despite this, cervical screening represents one of the most effective ways to prevent cervical cancer".