Statement of Principles concerning analgesic nephropathy (Reasonable Hypothesis) (No. 77 of 2016) (Cth)

Statement of Principles

concerning

ANALGESIC NEPHROPATHY
(Reasonable Hypothesis)

(No. 77 of 2016)

The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.

Dated       28 October 2016

The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of:

Professor Nicholas Saunders AO
Chairperson

Contents

1Name........................................................................................................................................... 3

2Commencement........................................................................................................................ 3

3Authority..................................................................................................................................... 3

4Revocation................................................................................................................................. 3

5Application................................................................................................................................. 3

6Definitions.................................................................................................................................. 3

7Kind of injury, disease or death to which this Statement of Principles relates............... 3

8Basis for determining the factors........................................................................................... 4

9Factors that must exist............................................................................................................. 4

10Relationship to service............................................................................................................. 4

11Factors referring to an injury or disease covered by another Statement of Principles. 5

Schedule 1 - Dictionary............................................................................................. 6

1Definitions.................................................................................................................................. 6

1. Name

   This is the Statement of Principles concerning analgesic nephropathy (Reasonable Hypothesis) (No. 77 of 2016).

2. Commencement

   This instrument commences on 28 November 2016.

3. Authority

   This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.

4. Revocation

   The Statement of Principles concerning analgesic nephropathy No. 29 of 2008 made under subsection 196B(2) of the VEA is revoked.

5. Application

   This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.

6. Definitions

   The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

7. Kind of injury, disease or death to which this Statement of Principles relates

   (1)This Statement of Principles is about analgesic nephropathy and death from analgesic nephropathy.

   Meaning of analgesic nephropathy

   (2)For the purposes of this Statement of Principles, analgesic nephropathy means a bilateral chronic renal disease characterised by papillary necrosis, chronic interstitial nephritis, renal cortical atrophy and capillary sclerosis, and a clinical state of loss of renal function in an individual with a history of consumption of large amounts of analgesic agents, occurring in the absence of another biochemical, anatomical or metabolic cause for renal impairment.

   (3)While analgesic nephropathy attracts ICD‑10‑AM code N14.0, in applying this Statement of Principles the meaning of analgesic nephropathy is that given in subsection (2).

   (4)For subsection (3), a reference to an ICD‑10‑AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD‑10‑AM), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978‑1‑76007‑020‑5.

   Death from analgesic nephropathy

   (5)For the purposes of this Statement of Principles, analgesic nephropathy, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's analgesic nephropathy.

   Note: terminal event is defined in the Schedule 1 – Dictionary.

8. Basis for determining the factors

   The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that analgesic nephropathy and death from analgesic nephropathy can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the MRCA.

   Note: relevant service is defined in the Schedule 1 – Dictionary.

9. Factors that must exist

   At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting analgesic nephropathy or death from analgesic nephropathy with the circumstances of a person's relevant service:

   (1)consuming a total of at least one kilogram of phenacetin in a phenacetin-containing analgesic before the clinical onset of analgesic nephropathy;

   Note: phenacetin is defined in the Schedule 1 - Dictionary.

   (2)consuming an average of at least one gram per day of phenacetin in a phenacetin-containing analgesic for a continuous period of at least two years before the clinical onset of analgesic nephropathy;

   Note: phenacetin is defined in the Schedule 1 - Dictionary.

   (3)inability to obtain appropriate clinical management for analgesic nephropathy.

10. Relationship to service

    (1)The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.

    (2)The factor set out in subsection 9(3) applies only to material contribution to, or aggravation of, analgesic nephropathy where the person's analgesic nephropathy was suffered or contracted before or during (but did not arise out of) the person's relevant service.

11. Factors referring to an injury or disease covered by another Statement of Principles

    In this Statement of Principles:

    (1)if a factor referred to in section 9 applies in relation to a person; and

    (2)that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(2) of the VEA;

    then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Schedule 1 - Dictionary

Note: See Section 6

1. Definitions

   In this instrument:

   analgesic nephropathy—see subsection 7(2).

   MRCAmeans the Military Rehabilitation and Compensation Act 2004.

   phenacetin means an aniline derivative that has analgesic and antipyretic properties, and was formerly used as a constituent of several over-the-counter compound analgesic medications, including Bex or Vincent's powder, Empirin Compound and Bromo seltzer.  Phenacetin is also known as acetophenetidin, aceto-p-phenetidide, acetylphenetidin, phenacetinum, N-(4-ethoxyphenyl) acetamide, p-ethoxyacetanilide, or CAS 62-44-2.

   relevant service means:

   (a)operational service under the VEA;

   (b)peacekeeping service under the VEA;

   (c)hazardous service under the VEA;

   (d)British nuclear test defence service under the VEA;

   (e)warlike service under the MRCA; or

   (f)non-warlike service under the MRCA.

   Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.

   terminal event means the proximate or ultimate cause of death and includes the following:

   (a) pneumonia;

   (b) respiratory failure;

   (c) cardiac arrest;

   (d) circulatory failure; or

   (e) cessation of brain function.

   VEA means the Veterans' Entitlements Act 1986.