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Re: JSee post# 3100

Monday, 03/06/2017 4:12:11 PM

Monday, March 06, 2017 4:12:11 PM

Post# of 11332
A legal shark found some low hanging fruit and reached for it. I've read through the notice of action that was just filed, and here's a couple interesting points. It's not like the plaintiff has a case to go for Organigram's jugular. See this from the filing:

II - 17. At the time of her diagnosis, Ms. Downton was not a cannabis user for medical or
recreational purposes ...

II - 20. Over the course of her use of the Affected Product, Ms. Downton consumed the product
through combustion (smoking) and ingestion.

II - 21. Ms. Downton began to suffer from severe nausea and vomiting within approximately two weeks after first consuming the Affected Product ...

II - 23. For eight months, Ms. Downton consumed the Affected Product on a nightly basis. She consumed approximately one half of one gram each night.

II - 25. Ms. Downton ceased consumption of the Affected Product in October of 2016.
Approximately one month after ceasing consumption of the Affected Product, Ms.
Downton’s symptoms of nausea and vomiting significantly improved.



So, in short, a patient with no previous reliance on cannabis starts using it, starts suffering from nausea, continues using it for 8 months while enduring the additional symptoms, ceases using the cannabis in October, and 1 month later the nausea symptoms improved.

That sure doesn't sound like they have any case or proof whatsoever for demonstrating that pesticide contamination specifically caused those symptoms of nausea and vomiting. It could have, quite simply, been a sensitivity to something else associated with the cannabis. Prolonged exposure to nearly any substance could draw out nausea (and more) to someone that just happens to have the wrong mix of certain sensitivities and other conditions.

I could easily find someone to give testimony that smoking or consuming MJ products made them very nauseous, so I'm sure Organigram could do the same or have a medical professional set the record straight.

But the plaintiff can cry "negligence" into the night and walk away with a few bucks. Organigram already has enough bad press lately, and no one wants to waste time and money on a long court battle. So, it's a play for quick and easy money. Expect a settlement in a short timeframe.

JMHO and disclaimer: I am not a legal advisor or registered attorney. Do not take my above comments as legal advice.

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