Man paralysed by rare illness as teen loses ACC claim fight

A Christchurch man who became a tetraplegic after battling a rare autoimmune disease has lost his High Court battle for ACC coverage.

He was 15 when he was struck down with Guillain-Barre´ Syndrome (GBS) while on holiday with family in the Nelson area in 2017. Pronounced gee-yan bah-ray, GBS is a neurological disorder in which the immune system attacks and damages the body’s nervous system, leading to paralysis. There are about 120 new cases in New Zealand each year.

He had been unwell for days and began to experience difficulty walking and weakness in his arms. His mum called an out-of-hours medical centre helpline and had a lengthy discussion with a nurse, where no advice to seek further medical assessment was given.

His condition deteriorated over the next seven hours and he was rushed to Nelson Hospital after being found on the floor unable to move. He was diagnosed with GBS and later flown to Christchurch Hospital, where he spent three months in the intensive care unit before being transferred to Burwood Hospital, also in Christchurch, for specialist treatment.

Court documents state he continues to suffer from tetraplegia and requires ‘‘assistance in all areas of his life’’. Stuff has chosen not to name him after he asked to remain anonymous.

The focus of the appeal in the High Court related to whether the delayed diagnosis had caused the severity and longevity of the effects. While the delay was accepted by ACC as being a treatment injury, it declined the claim on the basis that it was not causative, nor did the delay in treatment increase the severity.

The appellant’s lawyer, Jonathon Miller, said the medical evidence established the possibility of the link between the accident and the injury, or the more severe and long-lived effects of GBS.

The High Court upheld the original finding by the District Court judge.