A teenage boy with cerebral palsy has lost a decade-long court case against ACC to cover the cost of his treatment. Jeremy was deprived of oxygen to the brain during his premature birth by emergency caesarean section and as a consequence has suffered from cerebral palsy all his life. This from the article by Mike Watson, on Stuff:
"The High Court was correct to find that a failure to treat cannot occur in circumstances where there are no indications for a different treatment course.
"In Mr Adlam's circumstances there was no suggestion prior to the emergency caesarean section that there should have been medical intervention of any kind."
As a result there was no entitlement to cover treatment under the Act and the appeal was dismissed.
In essence, they are saying that this wasn't an 'accident' and therefore does not qualify. Although the limitations of ACC may appear horribly cruel, unless the scheme covered everything, there will always be borderline cases being tackled in the courts. Click here to read more.