6 Dec 2006
Richards v Accident Compensation Corporation
- Citation
- [2006] NZACC 306
- Court
- District Court
Judge accepted that the appellant suffered severe physical injury (periventricular leukoencephalopathy) and, on the balance of expert evidence (preferring the treating haematologist and the epidemiologist over the respondent's expert), found that the relevant adverse consequence — chronic, persistent, debilitating neurotoxic symptoms associated with leukoencephalopathy following the McGrath protocol — was likely to be rare (<1%); s34(5) did not apply because the risk was not known to the appellant; accordingly the ACC decision and the review decision were quashed and cover for medical mishap…