Jessie's claim for cover was declined by ACC, which considered the pregnancy as the injury. Photo:
* This story has been updated with ACC's response
A patient who became pregnant after a doctor failed to re-insert their contraceptive device wants ACC to do better when handling complex cases after being denied a claim for injury.
In 2021, Jessie went to a family planning clinic to have an old Jadelle contraceptive removed from their arm and replaced with a new one. But the doctor did not put the new device in, despite specific instructions on file.
A few months later, while living overseas, Jessie got pregnant and had a termination, the trauma left them depressed and unable to complete their studies.
This week, Jessie came forward to Checkpoint to tell their story and share concerns about the way they were treated.
"There's been a lot of hurt, there's been a lot of depression, a lot of anxiety and unfortunately, it's a very drawn out process, so I've not really been able to get a lot of peace throughout this experience."
Jessie's claim for cover was declined by ACC, which considered the pregnancy as the injury. By then Jessie was living in Australia and not eligible.
They said trying to apply for help was a nightmare and it felt like ACC staff were searching for an out.
"Unfortunately, for far too long it's been the norm for ACC to seek ways to apply rules that will save money as opposed to seeking ways to apply rules to support individuals and to better wellness.
"I had a young woman who interacted with me, who initially indicated that she didn't really believe that this had occurred.
"I think she stated that it was unbelievable and insisted that I provide documentation which I said, 'Of course, I wouldn't be coming to you without documentation'."
Jessie told ACC the doctor had written an acknowledgement and a letter of apology regarding what happened.
"Her further response to that was to question why I didn't know. 'How could you possibly not know?' I thought was a really disgusting thing to say. I felt very belittled and demeaned throughout our interaction."
At first, Jessie said ACC treated their pregnancy as their injury, not the implant not being placed.
"My pregnancy was an injury and my abortion was a treatment, so I am no longer injured. Because I'm no longer injured, I have no grounds to make a mental injury claim.
"So, the injury occurred whilst I was in Australia. In Australia there's no avenue of support for me either so I have gone through this process of having to interact with people on a monthly by monthly basis and talk about one of the worst experiences of my life.
"There's been no offer of psychological support or financial support to cover the time that I needed to take off, just a real lack of care."
Checkpoint has seen a letter from ACC to Jessie. It said ACC has determined the date of the personal injury is 26 April 2022, the date of conception.
Not the date the doctor failed to re-insert the contraceptive device in their arm.
It said Jessie was living in Australia at the time they got pregnant and had intended to stay for a year, meaning at the time of the injury they were not considered to be an ordinary resident of New Zealand, therefore Jessie was not covered by ACC.
"I just wanted to just reach out and say to [ACC Minister] Scott Simpson to please take action to ensure that people like myself, and other individuals who are in complex cases that lie outside of current policy and procedures, are still able to receive support."
They said the ACC system fails due to lack of care.
"Try and ensure that your staff act with compassion and [have] a genuine desire to assist those who are involved in an accident and an injury.
"Try and get your staff not to search for an out. Because unfortunately, for far too long it's been the norm for ACC to seek ways to apply rules that will save money as opposed to seeking ways to apply rules to support individuals and to better wellness."
Jessie is appealing to the government to review ACC and its approach to claimants.
"I know it's been done a million times, but please, Scott Simpson, this was harrowing, this was a horrible experience. I'm never going to get back what I lost. So please look at those policies and procedures."
In response, the minister said he was sorry to hear about Jessie's experience, ''the circumstances sound unfortunate".
"I am concerned at Jessie's allegations around the handling of (their) case by ACC staff. That certainly doesn't sound like the standard of care and compassion I expect from ACC, and I will make my expectations clear with officials.
"I will also ask officials, when they consider the case, to raise with me if they think there are any policy issues that need to be considered."
ACC is sticking by the original decision, saying it was declined because of Jessie's residence in Australia.
"The legislation is complex and prescriptive about injuries that happen overseas,'' deputy chief executive of service delivery Michael Frampton said.
"In Jessie's case, they were living in Australia at the time of the injury (the injury being the pregnancy), so New Zealand was not their permanent place of residence. This, unfortunately, is the reason that Jessie's claim was denied."
He acknowledged the affect on Jessie, ''and my thoughts remain with them as they continue to face the lasting effects of this experience".
Jessie said their story also reflected the importance of choosing the right language when talking about pregnancy and the impact it can have on individuals.
Their comments followed news this week that Associate Health Minister Casey Costello had issued a directive to Health New Zealand to say ''women'' instead of ''pregnant people'' in its communications.
Jessie said the associate minister would not eliminate the term, ''because we exist whether you wish to acknowledge that or not''.
They hoped Costello's world view would open up.
"The type of rhetoric [she is] encouraging is harmful.'' Jessie referenced the reaction to Green Party MP Benjamin Doyle, who faced death threats for being gender diverse.
"Why use your platform for hate when you have the power to build a better, healthier future for Aotearoa?"
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