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Use of medical Marijuana Not in best interest of Claimant

Medical_Cannabis
This injury claimant was awarded $50,000 for pain and suffering but her claim for medical Marijuana of 3 grams a day in cream form for a period of two years at a cost of between $21,900 and $32,850 was totally dismissed (G. v. Ahn, 2016 BCSC 795).
The claimant was injured in a motor vehicle accident which occurred at the intersection of Pinetree Way and David Avenue in Coquitlam, British Columbia. Liability for the car accident was admitted by the defendant. The claimant testified that following the accident she suffered pain in her back especially when moving forward or backward. She said that she noticed her joints, including her hips, knees, and elbows making a cracking noise after the accident. She said that if she stood too long she suffered pain. Although some of these symptoms have improved since the accident she says that she still has what she described as some bad days and good days.

After the accident the claimant continued to use recreational drugs including ecstasy and Marijuana. At the time of trial she was smoking pot every day to “manage her symptoms”. She uses about 3 grams each day. She describes the effect of using marihuana as helping to “numb things”.

The problem was that the claimant had started drinking at the age of 14 or 15 and used pot quite heavily before the accident. She was diagnosed with Bi-Polar Disorder disorder as well as cannabis and alcohol abuse. These were clearly not related to the motor vehicle accident.

The only medical practitioner to recommend medical Marijuana was Dr. Hershler who said the claimant should use the cream form rather than smoking it. However his history of the claimant was flawed. In light of the claimant’s history of substance use and abuse, and her desire to reduce her use of drugs the judge stated, “I do not consider the use of medical marihuana to be in her best interest. I also note that the plaintiff has said that marihuana in the cream form was not effective for her.” This claim was not allowed.

Learn more about the use of Marijuana to treat pain after a car accident.

 

Tags: icbc case examples, Medical Cannabis, Medical Marijuana in Personal Injury Cases, Pain and Suffering

One responseUse of medical Marijuana Not in best interest of Claimant

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