IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2021-485-000579
[2022] NZHC 1008
BETWEEN ALEXANDER REILLY
Appellant
AND
ACCIDENT COMPENSATION CORPORATION
Respondent
Hearing: 7 April 2022 Appearances:
J P Miller for Appellant
J P Coates and R E Mould for Respondent
Judgment:
12 May 2022
JUDGMENT OF GRICE J
Re appeal
REILLY v ACCIDENT COMPENSATION CORPORATION [2022] NZHC 1008 [12 May 2022]
Contents
Introduction[1]
Background[8]
Treatment Injury [17]
Case law — causation[19]
Legal principles on appeal[24]The appellant’s case[25]
The test for causation[30]
The District Court decision — what did the Judge do?[50]The medical evidence[98]
Conclusion[106]
Introduction
[1] This is an appeal against a judgment of the District Court (the District Court decision) which dismissed an appeal against the decision of a Statutory Reviewer.1
[2] The effect of the District Court decision was to uphold the original decision made by the Accident Compensation Corporation (the Corporation) declining cover to Mr Reilly (the appellant) for a claimed treatment injury.
[3] Leave to appeal was given by the District Court to appeal to the High Court against the District Court decision.2
[4] The treatment injury, the subject of the appeal, was a delay in providing medical treatment. As a result of that delay, Mr Reilly became unwell with Guillain Barre Syndrome (GBS) while holidaying in the Nelson area in January 2017. He was then aged 15 years. The delay was accepted as being seven-and-a-half to eight hours in getting Mr Reilly to Nelson Hospital to start treatment for the syndrome. The delay was due to incorrect medical advice given through an out-of-hours medical centre helpline that Mr Reilly’s mother had contacted for assistance.
[5] Once Mr Reilly was taken to hospital, he was quickly diagnosed with GBS and treatment followed. However, Mr Reilly was seriously unwell, spending some three months in the Intensive Care Unit at Christchurch Hospital and subsequently being transferred for treatment to a specialist unit at Burwood Hospital in Christchurch. Mr Reilly continues to suffer severe effects from the syndrome, including tetraplegia. According to one medical specialist who has reviewed Mr Reilly’s case, any predicted final outcome of Mr Reilly’s illness “must be guarded.”3 The specialist is of the view Mr Reilly “may show more improvement in the next two or three years, although there could be some residual disability.”4 While the delay in treatment has been accepted by it as being a treatment injury, ACC has declined the claim on the basis that it was
1 Reilly v Accident Compensation Corporation [2020] NZACC 158 [District Court decision]; and Reilly v Accident Compensation Corporation [2021] NZACC 140 [Statutory Reviewer’s decision].
2 Reilly v Accident Compensation Corporation [2021] NZACC 140 [the leave judgment].
3 District Court decision, above n 1, at [54].
4 At [54].
not causative of the serious effects of the syndrome on Mr Reilly, nor did the delay in treatment increase the severity of the effects of the syndrome.
[6] Therefore, the focus of the appeal in…
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- Case
- [2022] NZHC 1008
- Decision Date
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Orders
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Background
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