The family of a teenager who had part of an eye removed has accused ACC of "breathtaking arrogance" after it denied claims that doctors failed to spot a cancerous tumour.
Cohen Brown, 17, suffers from a rare genetic disorder called neurofibromatosis which has left him in excruciating pain since he was a toddler.
In 2003, Cohen lost vision temporarily in one eye and a tumour ruptured in his eye filling it with blood. Doctors diagnosed him as having iris melanoma and removed three-quarters of the left eye.
His parents Lee and Christine believe the iris melanoma was not related to his existing genetic condition and say they have the backing of one of the top eye experts in the US.
Lee, a former meatworker from Invercargill, said: "The tumour had been there for five years and nobody had done anything about it. It's a bloody disgrace. Cohen has always been a sick kid, but he deserves better than that."
However, ACC has denied their compensation claims for medical misadventure.
ACC relied on a doctor's opinion that said there would have been no difference in outcome had surgeons removed the melanoma earlier.
Mike Tully, acting general manager claims management, said: "The evidence we received from medical experts said there was no physical injury caused by a medical error and as a result ACC declined the claim."
The battle heads to court in February and the Cohens say they have the backing of a top opthalmologist from the Wills Eye Clinic in Philadelphia.
Lee said: "Because some arrogant, stuck-up prick at ACC in Wellington has towed the line and said Cohen's condition can cause this they believed him.
"Cohen's condition is terminal and not one specialist can give a definite answer as to how long, so we treasure each and every day that we have with him. He is a superb kid."
Cohen has had dozens of operations for his genetic condition. When he was 3 his parents were told he suffered from optic nerve glioma, which was related to the condition.
But when he went for surgery at Christchurch Hospital this year, it was discovered that he did not have the disease.
The neurosurgery department clinical director Martin Macfarlane wrote: "With regard to his previously diagnosed/presumed optic nerve glioma - all subsequent MRI scans of his head have shown no evidence of a progressive expansion of the optic nerves ... and the conclusion therefore is that this patient does not have an optic nerve/chiasm glioma."
ACC said it has provided extensive treatment and support to Cohen for a number of injury claims.
Family fury at ACC's 'arrogance'
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