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Summary: Appeal In A.I.D.S. Compo? (Press, 14 June 1988)
On 14 June 1988, an Auckland lawyer, Warren Templeton, expressed his readiness to take legal action to secure maximum compensation for haemophiliacs who contracted AIDS from contaminated blood products. This statement came after two individuals, one from Christchurch and another from Auckland, successfully received $27,000 in compensation from the Accident Compensation Commission (ACC) the previous month. However, the chances of a third claimant receiving similar compensation appeared slim, as their case was under review at the time. The implications of the ACC's decision are significant, potentially affecting non-haemophiliacs who acquire AIDS through blood transfusions. Templeton indicated that if the ACC does not grant full compensation in the third case, he would appeal the decision to higher authorities, including the appeal authority and, if necessary, the High Court. Previously, the commission had awarded compensation based on two earlier rulings, providing each victim with $10,000 for pain and suffering alongside $17,000 for permanent impairment. This marked a significant development as the ACC had previously been reluctant to acknowledge permanent impairment resulting from early-stage AIDS, a stance that was now being challenged. In the pending third case, the ACC was expected to rule on whether full compensation should be available based on the total disablement that occurs when AIDS affects the immune system. Templeton argued that there should be no distinction between individuals merely carrying AIDS antibodies and those exhibiting full-blown AIDS. He maintained that the moment the virus enters the immune system, it signifies a permanent impairment justifying compensation. Templeton highlighted the historical lack of recognition from the ACC concerning compensation for those in the early stages of AIDS, suggesting that this was an unfair approach. He believed that victims should receive compensation from the onset of their condition. It was estimated that 28 haemophiliacs in New Zealand had contracted AIDS antibodies due to contaminated blood products, underscoring the urgency of secure compensation for affected individuals.
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