9 Oct 2017

Woman denied compo for botched sterilisation

5:26 pm on 9 October 2017

A woman who became pregnant after a failed sterilisation operation has had a request for weekly ACC compensation thrown out by the Court of Appeal.

A file photo shows a midwife with a pregnant woman.

Ms J became pregnant in 2006. Photo: 123RF

The woman, named as Ms J in the judgment, had a sterilisation operation in 1998 but became pregnant and gave birth in 2006.

ACC paid costs during her pregnancy but refused her claim for weekly loss of earnings and compensation for having to stay at home to care for her child.

ACC's decision was upheld by a district court in 2007, but after a Supreme Court decision in another case, ACC accepted Mrs J's renewed claim in 2012.

It determined she was entitled for weekly compensation from May 2006 to July that year because she couldn't work due to her pregnancy.

The woman asked for that decision to be reviewed. That request was dismissed, but she appealed it.

A Court of Appeal decision released today dismissed Ms J's claim for weekly compensation.

"Ms J has now recovered from the pregnancy, she is not injured. She requires no rehabilitation. Therefore she is not entitled to weekly compensation under the ACC Act."

There was no order on costs as Ms J received legal aid and ACC did not seek costs from her.

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