Buddle Finlay Lawyers has reported on an appeal outcome in a claim under the New Zealand accident compensation scheme, arising from a failed sterilisation. The mother had claimed for loss of earnings to stay home and care for her child, born following the failed sterilisation.

Accident Compensation Corporation v J [2016] NZHC 1683 saw a finding that whilst  J’s pregnancy constituted a personal injury, “there can be no entitlement where a personal injury is no longer affecting a claimant”.  Once J’s pregnancy ended, she was no longer entitled to compensation hence could not recover her loss of earnings.

 

 

 

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