Wrongful birth compensation in New Zealand

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.




One Reply to “Wrongful birth compensation in New Zealand”

Comments are closed.