Kerry scribbled:
A woman who fell pregnant after having her tubes tied has won the
right to claim ACC compensation - based on the argument her pregnancy
was a "personal injury".
A woman who fell pregnant after having her tubes tied has won the right
to claim ACC compensation - based on the argument her pregnancy was a
"personal injury".

According to the woman's lawyer, the decision could now be applied to
other failed contraceptive measures - including broken condoms or
falling pregnant while on the pill.

The judgment came after the woman - who cannot be identified - applied
to ACC for compensation when she became pregnant after having a tubal
ligation.

Her initial compensation claim was denied and the woman appealed,
resulting in the district court judgment. ACC has since appealed to the
High Court.

In his decision released last week, Wellington District Court judge John
Cadenhead found the 31-year-old woman's pregnancy could be considered a
"personal injury' and she had the right to lodge a claim with ACC.

ROTFLOL

I await in anticipation the first ACC claim from a man who says his
vasectomy/condom failed and his wife/girlfriend/mistress is pregnant; He
needs compensating for the pain and suffering for this 'personal injury' and
for the future (or current) very real risk of having to pay child support
after doing all he could to prevent himself becoming a father....

I wonder if the ACC would insist of both parties getting a DNA test to prove
parentage.....

This case/precedent has the distinct possibility of revealing a lot of
things many women and men would not want revealed.

Maybe that's why the ACC took it to court....

Would the court accept the same/similar argument of 'personal injury' from a
man that it accepted from this woman????

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