CBD Oil and Medical Marijuana Costs Recovered in Personal Injury Claim

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for personal injuries which included the successful recovery of money spent for CBD oil and medical marijuana to treat chronic pain.

In today’s case (Culver v. Skrypnyk) the Plaintiff was injured in two collisions.  These resulted in partly disabling chronic back and leg pain.  The treatments attempted over the years included the use of CBD oil and medical marijuana.  The Court awarded recovery for the costs of these medications noting they were reasonably incurred special damages.  In reaching this conclusion Mr. Justice Davies provided the following reasons:

[258]     Mr. Culver incurred the expense of $903.32 for medical marihuana and CBD oil to help with the pain and difficulty with sleeping that he was suffering from because of his injuries. Dr. Burlin suggested that he do so and Mr. Culver reports that he obtained some relief from his use of those products.

[259]     Although I denied Mr. Culver’s claim for purchase of CBD oil as a component of his cost of future care I did so because of Dr. Burlin’s inability to testify as to the future benefits of that product for Mr. Culver’s future care.

[260]     I am satisfied that the lack of proof of medical necessity for future care does not preclude reimbursement of Mr. Culver for the costs incurred by him for medical marihuana and CBD oil as special damages.

[261]     I find that the expenditure of the funds for marihuana and CBD oil at the time those cost were incurred in circumstances in which Dr. Burlin was prepared to suggest the use of those products to assist Mr. Culver’s recovery establishes medical justification. Mr. Culver’s testimony as to the benefits he received from the expense establishes the reasonableness of the expense incurred. I am satisfied that the products would not have been purchased but for the injuries suffered by Mr. Culver as a result of the defendants’ negligence.

[262]     In result I find that Mr. Culver is entitled to reimbursement by the defendants for the special damages he has incurred in the total amount of $18,091.