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  1. #1
    Join Date
    May 2006
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    Default Car Accident Injuries Interfere With Cancer Treatments

    I have a friend who was injured in a car crash. She was not at fault.
    She was driving a Mazda Protege and was hit nearly head-on by a full sized Dodge van.
    A trip to the dr's office showed alot of damage from the airbag deployment and some cracked ribs.

    This lady also has cancer and there is a port-a-cath in her chest for injecting a fliud into her system for the chemo treatments.

    Due to the damage caused by the airbag deployment to her chest area, she has been unable to get the required chemo treatments and her cancer tumor markers have more than doubled and she is so sore, she cannot clean her own home and is without transportation. { of course, this is fine as I take anywhere she needs to go}

    With chemo out and markers increasing, what is she to do and what are her legal options?

    I realize this is a US based forum, but any input is appreciated. We are on Vancouver Island, British Columbia and the insurance company is Insurance Corp of British Columbia. {ICBC}

    Is there anything anyone can offer to help her?

  2. #2
    Join Date
    Dec 2007
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    Ohio
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    Default Re: Cancer And A Car Crash

    Need more information. I'm not familiar with BC laws at all but may be able to help from medical stand point. How long ago was the accident?
    From a medical stand point there is something missing. What kind of cancer? By any chance do you know her chemo drug name? A port a cath is an access used to give the chemo drugs-yes, but there are other ways to get the treatment in besides that particular port. IV access (not perfered and difficult to get BUT possible) also a PICC line, CVP etc, that wouldn't necessarily be used all the time but temporaily (just until her chest is healed).

    Chemo doesn't have to be out of the question it can be put on hold (not all can be stopped but most). She'll be sore for maybe a week (depending on her age frankly). The most common reason that chemo is stopped is bc of a low white count. Chemotherapy kills ALL cells not just cancer cells.
    Some cancers grow quickly, missing one does should not cause the markers to more than double, it sounds like more of an indication that that particular type of chemo isn't working and she's not responding to it. And they are using the accident to cover up what they may not have the nerve to tell her. I'm sorry to put it that way, I don't mean to sound so calus.

    You can send me a PM if you like regarding the cancer issues but I can tell you that if you saying that the car accident caused her to miss chemo and therefore resulting in something worse, your chances in the US would be slim to none. The cancer was there first and she lived thru the accident. I can't attest to canadian law regarding insurance stuff. I wish her the best for a speed recovery.

  3. #3
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    Default Re: Cancer And A Car Crash

    I sent her an email with a copy and paste of your reply and got this reaponse: {copy and paste}

    My accident was December 14th/07 I'm on paclitaxil and 66 years
    old. It was in my fallopian tube, have had cancer for almost 4
    years now. Used caboplatin and gemcitabine in the past. Doctors
    said I've had my 6 treatments and now they need to request for
    more funding for more treatments. They will get back to me in
    the next day or so regarding next reatment, possibly next week.
    Haven't had bloodwork for the next treatment yet. Last two ca
    125 counts were October down to 700 as of 24th of December up to
    1500.

    End

    The last line says " Last two ca
    125 counts were October down to 700 as of 24th of December up to
    1500." --ca means tumor markers.

    This lady's concern is the result of not getting her chemo on schedule to keep the tumor markers down. The area of concern for the doctors is since chemo compromises the immune system, it opens the door to infection.Her last chemo was Dec 13, 07
    ICBC is offering very low compensation for her car and medical expenses, and how does this change her case?
    ICBC is trying to get her to settle immediately. What are her options?

  4. #4
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    Default Re: Cancer And A Car Crash

    No additional comments regarding this? Anyone?? I know Canadian law is quite differnt than American law, however, most of the claims are the same in how they are handled, so please don't hesitate to reply as if this were any state.

    ICBC is willing to settle on the car, but what about her injuries? She will be doing her chemo on Thursday. How would you advise someone on this issue being as her injuries forbid her from driving still and will be under medical care for the injuries for some time to come.

    What would be a "fair" settlement considering all the upper body injuries sustained in the crash? No broken bones, but severe bruising of the neck, shoulders, back and chest. Also considering the fact that she not clean her home, lifting any objects, cannot hold her grandkids, etc? Note that she wears out quite quickly so her regular walks are nonexsistent and has to have someone else do her shopping.

    How should she judge whether an offer from ICBC is fair for her?

  5. #5
    Join Date
    Dec 2007
    Location
    Ohio
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    Default Re: Cancer And A Car Crash

    I'm still a bit confused regarding the statements. But I'll try to help.

    You said "I've had my 6 treatments and now they request more funding" This statment implies that the car accident had nothing to do with ability to get treatment and that it was a funding issue. Also, she had treatment the day prior to the accident Dec 13. The counts from October were 700 and 1500 in December, this also will back up their arguement that the current treatment did not affect her accident.

    Tumer marker are specific to the type of cancer one has, for ex CA19 (high) would be an indication of colon cancer, etc. What were her white blood cell counts? That would be more helpful to have as it is the best indication as to her immune system. They are related but don't confuse the two. Both markers should go down during therapy as chemo kills all cells not just the good ones. Too low of a white count (dangerously low) levels could prevent her from future chemo treatments bc any infection at all could be putting her life at risk.

    I don't know what a good settlement offer would be as Im unfamiliar with Canadian law, but my guess would be that anything relating from her chemo treatments would not be considered as part of your settlement. Consult an attorney and as him if your settlement would be fair.
    I wish her good health!

  6. #6
    Join Date
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    Default Re: Cancer And A Car Crash

    The lady involved in the accident was kept in the dark about the funding and was under the impression that the injuries were the reason the doctor wouldn't do the chemo until the day I posted her email. It was that day she was told it was a funding issue.

    So, now we know and she did have chemo today. And the crash is out. That's ok, but what about the inuries? She would like to know what constitutes a proper settlement.

    Thank you for your replies.

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