Fighting for fairness from ACC

Nine years ago I was diagnosed with stomach cancer and 100% of my stomach was removed after going through 3 months of cruelling chemotherapy. Medical mesh was installed to stop what was left of my esophagus - now attached to my intestine - herniating into my chest cavity.

Three days after the surgery it was found I had contracted a major infection in hospital and was operated on in the ward so staff could get to the seat of the infection. The wound was left open to heal for months while I spent over 6 weeks attached to a machine to draw out the infection. After another 3 months of chemotherapy I had more medical mesh installed for the incisional hernia.

I suffered four failures of the hernia mesh in three years requiring major surgery. The incisional mesh has also failed and repaired once at the time of the last hernia repair surgery. The hernia mesh has now failed again for a 5th time and CANNOT be repaired. It is a permanent injury. The surgeon tells me the esophagus was likely cut too short at the initial surgery and acts to pull everything back through the mesh. Each time this happens it feels like a heart attack. I've also been advised there is a risk it could push on a vein, artery or an internal organ in the future.

The infection was referred to and accepted by ACC as a 'treatment injury'. However each failure of the hiatus hernia mesh HAS NOT been treated as a 'treatment injury' by ACC. The failure of the incisional hernia mesh HAS NOT been treated as a 'treatment injury' by ACC.

For three months before the ONLY treatment injury considered by ACC, I was undergoing chemotherapy, not employed because of medical advice and had no income assistance. ACC legislation states that if you were not employed 28 days before a treatment injury you are not eligible for loss of income support - how many people know that?

For nine years I have sought legal and advocate assistance and been rebuffed...fobbed off...declined and in some cases totally ignored. Recently I finally received the assistance of an advocate but my case is too complex. After nine years a lawyer agreed to discuss the case with me face to face but he confirmed with me that ACC can hide behind the current legislation. I have asked him if I have any other legal avenues but he agrees it is very complex and very time-consuming and thus also very expensive.

Since coming under ACC, like many others, I have had to fight for any help - like blood from a stone!

Only in one instance has it been approved after 12 months of fighting for something that was approved by a 2nd assessor in probably less than an hours work. The first assessor having ignored any and all relevant information and declined cover. This sort of thing has been 'par for the course' at every application to ACC for help.

Now, after asking for a full review of my physical, mental and emotional wellbeing in October 2020 following the latest herniation and the permanent injury status, ACC had not contacted me on that matter since then. Seeking an update from the permanent injury team I was advised they are 'processing it' but it's no further advanced. 'The issue they are having is trying to find a local assessor that is available. Everyone seems to be exceptionally busy. so this make (sic) take 2-3 months to get in to see someone'.

In Christchurch - New Zealand's 2nd largest city - they cannot find anyone to see me for what will turn out to be around 9 months from the original approach. I find that highly unlikely, and appalling when you consider how many other people these massive delays may be affecting and how desperately many people need help and support.

The immense stress over the last nine years has effected many facets of my life and my health - I have had to give up nearly everything I ever did and enjoyed before this nightmare began. Now, after getting married in 2016, it's been affecting my wife as well. As much as I try to avoid it and as much as she deserves all that is good in her life.

In October 2020 my wife and I were blessed with a beautiful little boy. After being told the chance of a baby, even with IVF (which we could not get), was 3% he was waiting for us to be there for him - and now this fight is not only for fairness from ACC it's for his future as well.