8 Sept 2016
Stanfield v Accident Compensation Corporation
- Citation
- [2016] NZACC 255
- Court
- District Court
On the evidence before the Court there was no demonstrable physical injury caused by the implantation: elevated serum metal ions and minimal symptoms were ordinary consequences of a metal‑on‑metal implant, intra‑operative and post‑operative findings did not establish ARMD, ALVAL, infection or a treatment‑caused failure to osseointegrate, and insertion of a device later found to have higher failure rates is not by itself a treatment injury; therefore cover was correctly declined and the appeal must be dismissed.