Hip patients wait without ACC

Four older New Zealanders who received a type of potentially faulty hip replacement cannot take their fight for ACC cover any further in the meantime.

The four received a metal-on-metal hip joint replacement made by Du Puy, a maker of medical devices internationally.

The Du Puy implants had an unacceptably high failure rate and were withdrawn from the Australasian market in late 2009, followed by a worldwide recall in August 2010.

Du Puy paid for dozens of New Zealanders to have the metal-on-metal joints replaced.

Some also qualified for accident compensation cover because the faulty joints caused metallosis, releasing metal ions into surrounding tissue and their bloodstream, causing complications like pseudotumours and bone or tissue damage.

Four others were refused compensation because so far they did not have metallosis, so were considered not to have suffered personal physical injury.

Two have had their Du Puy joints replaced at Du Puy’s expense, but the other two have been told the joints are working well and replacement was not recommended.

They wanted the reassurance of knowing they were covered if metallosis developed, and to pay for assessment and monitoring in the meantime.

They wanted to appeal against ACC refusing them cover.

However, a High Court judge has said they cannot proceed with the appeal.

Justice Rebecca Ellis said an event that has not yet happened could not fall within the meaning of ‘‘physical injury’’ that ACC would cover.

Even the most generous interpretation of ‘‘physical injury’’ would not include the risk of physical injury of the future, she said.