Document ID: chunk:federal_register_of_legislation:F2016L01350:reg:8
Version: federal_register_of_legislation:F2016L01350
Segment Type: reg
Provision Reference: reg 8
Character Range: 3358–6025

8               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting incisional hernia or death from incisional hernia with the circumstances of a person's relevant service:
(1)          having an incision for a surgical procedure before the clinical onset of incisional hernia, where the hernia is at the site of that incision;
(2)          having a pre-existing scar at the site of the incision for a surgical procedure before the clinical onset of incisional hernia, where the hernia is at the site of that incision;
(3)          having a superficial infection of the affected incision within 30 days of the surgical procedure, in the five years before the clinical onset of incisional hernia;
Note: superficial infection of the affected incision is defined in the Schedule 1 - Dictionary.
(4)          having a deep infection of the affected incision within 90 days of the surgical procedure, in the five years before the clinical onset of incisional hernia;
Note: deep infection of the affected incision is defined in the Schedule 1 - Dictionary.
(5)          having wound dehiscence as specified of the affected incision before the clinical onset of incisional hernia;
Note: wound dehiscence as specified is defined in the Schedule 1 - Dictionary.
(6)          being obese before the clinical onset of incisional hernia, and at the time of the surgical incision at the affected site;
Note: being obese is defined in the Schedule 1 - Dictionary.
(7)          being treated with sirolimus or everolimus as specified before the clinical onset of incisional hernia, where the treatment occurred within the three years following the surgical incision;
Note:  being treated with sirolimus or everolimus as specified is defined in the Schedule 1 - Dictionary.
(8)          being treated with systemic bevacizumab before the clinical onset of incisional hernia, where the treatment occurred within the one year following the surgical incision;
(9)          having ascites, abdominal distension, or chronic ambulatory peritoneal dialysis before the clinical onset of incisional hernia, where these conditions occurred within the one year following the surgical incision;
(10)      having Marfan syndrome before the clinical onset of incisional hernia;
(11)      having increased intra-abdominal pressure as specified at the time of the clinical worsening of incisional hernia;
Note: increased intra-abdominal pressure as specified is defined in the Schedule 1 - Dictionary.
(12)      inability to obtain appropriate clinical management for incisional hernia.