New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Severity criterion

  • 27 Feb 2008

    Kirkwood v Accident Compensation Corporation

    Citation
    [2008] NZACC 42
    Court
    District Court

    Damaged nerve fibres caused by the caesarean section constitute a physical injury; the neuropathic pain attributable to those damaged and unrepaired nerves satisfies the statutory severity test and, on the evidence (including Dr Tait and absence of literature indicating higher incidence), satisfies the rarity threshold of occurring in less than 1% of caesarean section cases; accordingly cover is granted for neuropathic pain directly attributable to the operative site.

  • 6 Dec 2006

    Richards v Accident Compensation Corporation

    Citation
    [2006] NZACC 306
    Court
    District Court

    Judge accepted that the appellant suffered severe physical injury (periventricular leukoencephalopathy) and, on the balance of expert evidence (preferring the treating haematologist and the epidemiologist over the respondent's expert), found that the relevant adverse consequence — chronic, persistent, debilitating neurotoxic symptoms associated with leukoencephalopathy following the McGrath protocol — was likely to be rare (<1%); s34(5) did not apply because the risk was not known to the appellant; accordingly the ACC decision and the review decision were quashed and cover for medical mishap…