16 Dec 2011
S R v Accident Compensation Corporation
- Citation
- [2011] NZACC 355
- Court
- District Court
The court found that prolonged infertility caused by continued systemic hormone release from a retained/translocated Mirena constituted a physical injury because there was an established biological mechanism causing bodily harm; the condition was caused by treatment and was not a necessary part or ordinary consequence of that treatment; and there was a causal chain from the covered uterine perforation to concealment of the device to failure to remove it, thereby making the infertility a treatment injury entitling the appellant to ACC cover.