COSTLY TRACE

Waimea Woman Denied Liver Transplant After Marijuana Found In Her System

Taking a hit off of 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 her
coverage for a liver transplant she needed to survive because three
toxicology tests showed trace amounts of cannabis in her system.

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

Reyes' mother, Noni Kuhns, and Kimberly's husband, Robin,
acknowledged HMSA's decision was based upon a failure to comply with
the insurer's policy strictly forbidding drug use. However, both
claimed after the claim denial that neither HMSA nor her doctors
notified Kimberly or the family of HMSA's apparent policy on drug use.

Following at least five separate telephone inquiries from West Hawaii
Today made over a one-week period, HMSA Public Information Officer
Chuck Marshall replied through an e-mail that HMSA declined to
comment. HMSA also declined to provide the insurance carrier's
standard policies in regard to drug use or drug use and transplant approval.

Kimberly died July 27 at Hilo Hospital, 16 months after being
diagnosed. In the months after her diagnosis, she suffered cirrhosis
of the liver, chronic Hepatitis - infection, end-stage kidney disease
and hepatorenal syndrome, which is caused by low blood flow to the
kidneys due to liver deterioration.

"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 Kuhns.

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.

Kimberly was twice denied her application for transplant by HMSA for
"technical reasons," such as missing required Alcoholics Anonymous
meetings because she was too weak for doctor appointments, claimed
Kuhns. However, on July 17, Kimberly received HMSA's approval for a
liver transplant.

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

Three days later HMSA denied the transplant approval after it
received toxicology tests that showed cannabis in her system, Herhold said.

He claimed her marijuana use was "an indiscretion."

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

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

Kimberly, who was in Hilo Hospital's intensive care unit before her
death, on July 23 declined to speak with West Hawaii Today, saying
she was having difficulty talking, was very worn out and not in the mood.