18 Dec 2019
ROCHE PRODUCTS (NEW ZEALAND) LIMITED v AUSTIN [2019] NZCA 660 [18 December 2019]
- Citation
- (2019) 25 PRNZ 95
- Court
- Court of Appeal
The Court held that Mr Austin's DISH resulting from Roaccutane qualified as a treatment injury for which he had ACC cover; therefore s 317 barred his claim for compensatory damages and the compensatory damages claim was struck out. The Court declined to overrule Searle for pre-2011 cases, interpreted 'ordinary consequence' to exclude unexpected, significantly adverse outcomes disproportionate to treatment benefit, and held that prescribing/administering pharmaceuticals by a registered health professional constitutes 'treatment' for ACC purposes. Leave was reserved to plead a limited claim bas…