LAWYER: WOMAN DENIED TRANSPLANT DUE TO POT USE

Kimberly Reyes Dies After HMSA Declines to Cover Liver Transplant

Taking a hit off a marijuana cigarette may cost your life -- literally.

Waimea resident Kimberly Reyes, who was diagnosed with hepatitis - in
March 2008, had been told in July that she had less than 30 days to
live. Her family claimed she had followed doctor's orders, but her
insurance carrier, Hawaii Medical Service Association, denied the
liver transplant she needed to survive because three toxicology tests
showed trace amounts of cannabis in her system.

According to Reyes' attorney, Ted Herhold of the San Francisco-based
Townsend and Townsend, toxicology tests from June 14, July 3 and July
14 were the sole basis for HMSA's denial of coverage for the
51-year-old mother of five.

Reyes' husband, Robin, and her mother, Noni Kuhns, said HMSA's
decision was based upon a failure to comply with the insurer's policy
strictly forbidding drug use. However, both maintain that neither
HMSA nor her doctors told them of HMSA's policy on drug use.

Following at least five phone calls from Stephens Media over a
one-week period, HMSA Public Information Officer Chuck Marshall
replied through an e-mail that HMSA would not comment. HMSA also
declined to provide the insurance carrier's policies on drug use or
transplant approval.

Reyes died July 27 at Hilo Medical Center, 16 months after being
diagnosed. She suffered cirrhosis of the liver, chronic hepatitis -
infection, and end-stage kidney disease.

"Just because someone takes a hit off of a joint doesn't mean that it
should be the end of their life -- this is not a reason to deny
life," said Reyes' mother.

The hepatitis - virus attacks the liver and interferes with its
function, leading to liver failure and cirrhosis, or fatal scarring
of the liver, according to the Mayo Clinic.

Reyes was twice denied a transplant by HMSA for "technical reasons,"
such as missing required Alcoholics Anonymous meetings -- because,
Kuhns says, she was too weak.

However, on July 17, HMSA approved Reyes' request for a liver transplant.

That approval signaled the Reyes family and HMSA had apparently
resolved compliance issues, Herhold said.

Three days later, however, HMSA withdrew the transplant approval
after it received toxicology tests that showed cannabis in Reyes'
system, Herhold said.

The attorney termed her marijuana use "an indiscretion."

She did not, according to her attorney and family, have a
prescription for medical marijuana use.

Kuhns and Robin Reyes both claimed Kimberly Reyes had stopped smoking
marijuana "years ago," but took a few hits off a marijuana cigarette
one day to relieve feelings of nausea, disorientation and pain.

Four days before her death, Kimberly Reyes declined to speak with
Stephens Media.

She was in Hilo Medical Center's intensive care unit, and said she
was having difficulty talking, was very worn out and not in the mood.