Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


McGougan & Ors v DePuy Int'l Ltd & Accident Compensation



[2016] NZHIC


This press release is designed to assist the media in understanding the above judgment. It does not form part of the judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.courtsofnz.govt.nz

The plaintiffs represent a group of New Zealanders who received hip implants manufactured by DePuy International Ltd (DePuy) between 2006 and 2009. Soon after issues emerged concerning the Safety of those implants. DePuy recalled its hip implants in 2010. The plaintiffs underwent corrective surgery in 2011 and 2012 to replace the DePuy hip implants.

The plaintiffs received cover under the Accident Compensation Act 2001 because they suffered a treatment injury as defined in that Act.

The plaintiffs and other New Zealand claimants commenced proceedings in England against DePuy. The High Court of England and Wales ruled that New Zealand law governed the plaintiffs' claims in England and that s 317(1) of the Accident Compensation Act 2001 barred their claims in that country. The plaintiffs then commenced proceedings in New Zealand.

In its judgment delivered today the High Court has ruled the plaintiffs' claims for compensatory damages are barred by S 317(1) of the Accident Compensation Act. The Court has ruled that the bar applies even though the conduct giving rise to the injury occurred in England.

The plaintiffs' claims for exemplary damages and declarations are not affected by the Court's decision.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Erebus Memorial In Parnell

Social media can be a wonderful tool for bringing people together in a common cause. It can also be a seedbed and spreader of mis-information on a community-wide scale. To which category do the protests against the siting of an Erebus memorial (to the 257 New Zealanders who died in that tragedy) in a secluded corner of a Parnell park happen to belong? IMO, it is clearly the latter, and the reasons for thinking so are explained below... More>>


National: Proposed Hate Speech Laws A Step Too Far

Reports of the Government’s proposed new hate speech laws go a step too far and risk sacrificing the freedoms New Zealanders enjoy, National’s Justice spokesperson Simon Bridges says. “The reforms are supposedly including protections to every ... More>>


Agriculture: Government To Phase Out Live Exports By Sea

The Government has announced that the export of livestock by sea will cease following a transition period of up to two years, said Agriculture Minister Damien O’Connor. “At the heart of our decision is upholding New Zealand’s reputation for high ... More>>


Norman Gemmell: New Zealand’s New Housing Policy Is Really Just A New Tax Package — And It’s A Shambles

Norman Gemmell , Te Herenga Waka — Victoria University of Wellington Economists like to talk about “optimal policy instruments” — essentially, policies that achieve their objectives more effectively or efficiently than the alternatives, and ... More>>

Claire Breen: ACC’s Policy Of Not Covering Birth Injuries Is One More Sign The System Is Overdue For Reform

Claire Breen , University of Waikato Recent media coverage of women not being able to get treatment for birth injuries highlights yet another example of gender bias in healthcare in New Zealand. More>>

Police: Police Accept Findings Of IPCA Report Into Photographs Taken At Checkpoint

Police accept the findings of a report by the Independent Police Conduct Authority (IPCA) relating to photographs taken at a checkpoint in Northland. On November 16, 2019, Police set up a checkpoint down the road from a fight night event in Ruakaka ... More>>


Health: Drug-Testing Law To Be Made Permanent

Interim legislation that is already proving to keep people safer from drugs will be made permanent, Health Minister Andrew Little says. More>>




InfoPages News Channels