New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Judicial review of entitlements
  • 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.