A special leave application by the claimant was refused on 11 April 2014, following on from the NSW Court of Appeal decision in that same matter, then known as King v Western Sydney Local Health Network [2013] NSWCA 162.

For debate was a causation issue, the outcome of which was summarised by Justice Kiefel as follows:

In this matter the issue is one of factual causation: whether the failure by the respondent to administer Varicella-Zoster Immunoglobulin to the appellant’s mother created or increased the risk that the appellant would suffer Congenital Varicella Syndrome. The primary judge, Justice Garling, found that it was not established, on probabilities, that the appellant would not have so suffered if VZIG had been administered, it was merely possible. A majority of the Court of Appeal dismissed the appellant’s appeal and we see no reason to doubt the correctness of that decision. Special leave is refused with costs.

Source: The weekly health law newsletter published by DLA Piper.

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