New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Endometriosis

Legal area

Court

30 Jun 2015

Lynch v Accident Compensation Corporation

Citation

[2015] NZACC 183
Court

District Court

On the balance of probabilities the Court found the endometriosis was caused by surgical implantation during the 22 August 2006 procedure: the absence of symptoms pre-2006 and absence of endometriosis on targeted 2006 biopsies, together with histology from the 2008 hysterectomy showing the Pouch of Douglas unremarkable (inconsistent with DIE), supported a finding of iatrogenic transplantation rather than pre-existing DIE; accordingly the treatment injury criteria in s32 were satisfied and cover was granted.
5 Mar 2009

M v Accident Compensation Corporation

Citation

[2009] NZACC 30
Court

District Court

On the balance of probabilities the contemporaneous records and expert opinion show ovarian resection was a necessary and ordinary part of the hysterectomy treatment for adnexal endometriosis in 1978, informed consent was not proved to be lacking, and despite unresolved questions on causation to later osteoporosis the claim does not meet the statutory test for treatment injury under ss.32–33 of the 2001 Act; ACC's declination was correct.