Ex-crystal meth addict successfully sues dealer
Updated Wed. Jan. 9 2008 10:27 AM ET
CTV.ca News Staff
A Saskatchewan woman who overdosed on crystal methamphetamine has successfully won a precedent-setting civil lawsuit against the drug dealer who sold her the highly addictive drug.
Sandra Bergen, 23, and her family launched a lawsuit against Clinton Davey in 2005 after she suffered a heart attack in Biggar, Sask. that left her in a coma for 11 days.
She has since developed a heart condition that leaves her constantly fatigued and limits her chances of ever having children.
In her statement of claim, Bergen said Davey knew the drug was highly addictive and the sale of the drug was "for the purpose of making money but was also for the purpose of intentionally inflicting physical and mental suffering on Sandra."
Bergen, who says she has been drug-free since the 2004 incident, told Canada AM on Wednesday that a lack of action within the criminal justice system left her and her family frustrated.
"We found a different way to hold him responsible through the civil justice system," she said from Saskatoon.
An unknown drug supplier, referred to as John Doe, was also named in the suit. Davey refused to name his alleged supplier during court proceedings, prompting a judge to strike his claim of defence.
Without a claim of defence, Davey effectively admitted his liability in the case leaving Bergen's suit unopposed.
Bergen is seeking damages in excess of $50,000 for medical costs and legal fees. A hearing to determine how much she will be awarded in damages is scheduled for a later date.
Bergen said she doesn't expect to gain much financially from winning the suit, but hopes the case will inspire others to sue drug dealers who profit from addicts.
"It's bigger than me and it's bigger than this guy," she said. "I think it's a different way to hit drug dealers financially and that's where it will really hurt them."
Bergen, who now uses her story to educate others about the dangers of drug use, said she is often judged unfairly by people who "don't know the circumstances."
In Davy's statement of defence, he claims Bergen "did assume the risk to her person when she voluntarily ingested the illegal drugs."
Bergen maintains she has taken responsibility for her poor choices by getting sober.
"I think that's taking responsibility for my actions, I don't think I need to take responsibility for both of our actions. He should have to meet me half way and that's what this lawsuit was about," Bergen said.
A drug addict since the age of 18, Bergen's overdose occurred in 2004.
Feelings anxious about her testimony in an upcoming sexual assault trial, one in which she was the victim, Bergen smoked crystal meth with Davey at his grandmother's house. She began to experience symptoms of a heart attack shortly after.
Statistics Canada estimates crystal meth offences increased by eight per cent last year. The drug already has a firm grip on the Prairies, where pharmacies have limited the sale of cold remedies that contain its key ingredient -- pseudoephedrine.
Crystal meth is a relatively cheap drug to make, which has prompted hundreds of illegal, and potentially volatile, drug labs to pop up across the country.
Police estimate an investment of $150 can produce up to $10,000 of the highly-addictive drug.
Updated Wed. Jan. 9 2008 10:27 AM ET
CTV.ca News Staff
A Saskatchewan woman who overdosed on crystal methamphetamine has successfully won a precedent-setting civil lawsuit against the drug dealer who sold her the highly addictive drug.
Sandra Bergen, 23, and her family launched a lawsuit against Clinton Davey in 2005 after she suffered a heart attack in Biggar, Sask. that left her in a coma for 11 days.
She has since developed a heart condition that leaves her constantly fatigued and limits her chances of ever having children.
In her statement of claim, Bergen said Davey knew the drug was highly addictive and the sale of the drug was "for the purpose of making money but was also for the purpose of intentionally inflicting physical and mental suffering on Sandra."
Bergen, who says she has been drug-free since the 2004 incident, told Canada AM on Wednesday that a lack of action within the criminal justice system left her and her family frustrated.
"We found a different way to hold him responsible through the civil justice system," she said from Saskatoon.
An unknown drug supplier, referred to as John Doe, was also named in the suit. Davey refused to name his alleged supplier during court proceedings, prompting a judge to strike his claim of defence.
Without a claim of defence, Davey effectively admitted his liability in the case leaving Bergen's suit unopposed.
Bergen is seeking damages in excess of $50,000 for medical costs and legal fees. A hearing to determine how much she will be awarded in damages is scheduled for a later date.
Bergen said she doesn't expect to gain much financially from winning the suit, but hopes the case will inspire others to sue drug dealers who profit from addicts.
"It's bigger than me and it's bigger than this guy," she said. "I think it's a different way to hit drug dealers financially and that's where it will really hurt them."
Bergen, who now uses her story to educate others about the dangers of drug use, said she is often judged unfairly by people who "don't know the circumstances."
In Davy's statement of defence, he claims Bergen "did assume the risk to her person when she voluntarily ingested the illegal drugs."
Bergen maintains she has taken responsibility for her poor choices by getting sober.
"I think that's taking responsibility for my actions, I don't think I need to take responsibility for both of our actions. He should have to meet me half way and that's what this lawsuit was about," Bergen said.
A drug addict since the age of 18, Bergen's overdose occurred in 2004.
Feelings anxious about her testimony in an upcoming sexual assault trial, one in which she was the victim, Bergen smoked crystal meth with Davey at his grandmother's house. She began to experience symptoms of a heart attack shortly after.
Statistics Canada estimates crystal meth offences increased by eight per cent last year. The drug already has a firm grip on the Prairies, where pharmacies have limited the sale of cold remedies that contain its key ingredient -- pseudoephedrine.
Crystal meth is a relatively cheap drug to make, which has prompted hundreds of illegal, and potentially volatile, drug labs to pop up across the country.
Police estimate an investment of $150 can produce up to $10,000 of the highly-addictive drug.
) so most people who started smoking then knew there were at least some hazards, although they didn't know just how bad they were. but we are not talking about a product that is impossible to quit. hard, yes, but not impossible. if you read that cigarettes are bad for your health, and can cause cancer and heart disease, and you continue to smoke, you have made a conscious decision to ignore the risks and therefore should suffer the consequences for your actions. i am in that boat myself as a smoker, and i'm not planning on suing anyone if i get cancer because it will be no one's fault but my own. that's all i'm trying to get at here, people need to own up to their own mistakes and suffer the consequences.