30 Sept 2016
Muirhead v Accident Compensation Corporation
- Citation
- [2016] NZACC 272
- Court
- District Court
The Court held that on the evidence (including expert opinion and treatment records) Mr Muirhead's ORN was not an 'ordinary consequence' of the 2003 radiotherapy because the objective probability was small (around 5-6% by the experts), pre-treatment measures indicated the risk was not regarded as ordinary, and foreseeability alone does not convert a low-probability injury into an ordinary consequence; accordingly the ACC decisions declining cover were quashed and cover for ORN was granted.