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Home / Rotorua Daily Post

Baby's family gutted as ACC rejects claim

<b>CHERIE TAYLOR</b>
Rotorua Daily Post·
12 Apr, 2007 02:50 AM3 mins to read

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The family of a severely brain damaged baby is gutted the Accident Compensation Corporation has declined to cover her.
Madison Manley-Clark was born lifeless at Rotorua Hospital in September last year after what family say was a "botched delivery". They blame the midwife for calling in a specialist too late.
They
lodged a claim for ACC cover to help them care for the infant but have been turned down. An ACC review of clinical information relating to the birth has found the cause of Madison's condition is unknown and "was not caused by treatment or any potential failure to treat".
Her family plan to appeal the decision and are still waiting for the outcome of inquiries by the Health and Disability Commissioner who is also looking into what happened.
Revived by doctors, Madison was taken to Waikato Hospital shortly after her birth.
A month later she was sent home with her 23-year-old mother Naomi Manley who had been told her daughter will probably die from pneumonia within a year.
The ACC report released to the Daily Post by the family says there is no doubt Madison has sustained an injury but the cause is unknown.
Case records received by ACC from the hospital, midwife and Madison's pediatrician state there is no clear diagnosis and no action by the midwife caused Madison's condition.
Ms Manley, who has given up her job to look after Madison, told the Daily Post she was gutted and had hired Wellington lawyer John Miller to appeal the decision.
The family says scans they have, taken of Madison at 12 weeks and 22 weeks gestation show a perfectly formed head.
"This is so wrong ... How can they make this decision before everyone has finished investigating what happened?," Ms Manley said. "I'd love these guys to come and spend a night with Madison and see how difficult it is."

If Madison lives she will soon require a specialised buggy and chair, a special shower and ramps around the home.
Grandmother Lena Stirrup, who has also given up work to support Madison and her mother, said the family would fight ACC's decision.
"As long as I have breath in me I will fight for her. Naomi is a young woman who was expecting a baby and to be a mum but she has ended up being a nurse. It's not right. The physical and emotional pain Naomi has to go through every day is taking its toll. We will never give up on this for Madison's sake," she said.

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