Trade talk ‘puzzling’
there was a lack of evidence to show an abnormal regrowth of Moloney’s nerves had resulted in post-operative pain, and that evidence provided in court did not specify which nerve had been damaged.
Moloney considered giving up, but this week agreed to continue her battle.
‘‘I just feel so outraged by the journey that I’ve had to go on that I feel I need to change that process and hold them to account, not just for me but for other people who experience this as well.’’
Her lawyer, barrister Warren Forster, filed an application for leave to appeal to the High Court.
Forster believes the case could be a ‘‘game-changer’’ in terms of the way the law is interpreted and applied by ACC and the courts.
Under the ACC Act claimants for treatment injury cover have to prove a physical injury occurred during the treatment. Consequential pain following surgery is not covered.
If Moloney succeeds at the High Court it could open the door to ACC cover for hundreds of similar claimants, Forster said.
ACC figures show nearly 5000 of the 13,825 treatment injury claims in 2015-2016 were declined. Nearly three quarters of the declined claims were turned down because there was no injury from the treatment or they did ‘‘not meet the tests to be a treatment injury’’.
Hundreds of patients at pain clinics around the country suffer from post-operative neuropathic pain.
Christchurch pain medicine specialist Dr John Alchin said most of these patients are diagnosed without physical evidence of damage to specific nerves as this is not possible in most cases.
Forster said neuropathic pain should be regarded as a gradual process injury and these should be covered by the act as treatment injuries. A foreign policy trade expert says a move to revive free trade negotiations with Russia is ‘‘puzzling’’. Russian aggression towards Crimea and Ukraine caused negotiations to be put on hold in 2014. The deal was part of NZ First policy, and it was included in the coalition agreement between NZ First and Labour. Otago University international relations expert Professor Robert Patman said proposing to revive trade talks with Russia undermined New Zealand’s economic, political and national interests, because the conditions that led to sanctions against Russia had not changed. ‘‘It would be a bad look for a country that sees itself as a good international citizen,‘‘ Patman said.