Over one hundred hemophilia patients are infected with AIDS nbsp and doubted and injected " Magical" Due to medicines
Injured and bled incessantly, walking want it meticulously too, Yu Yong (assumed name) who suffers from hemophilia ,Have lived this kind of life since childhood. Accidental chance, it is " eight factors of blood coagulation " that he begins to inject one kind , styptic the intersection of result and fairly good blood products, unexpectedly, this magical medicines have not not merely brought to him hoping, make him fall into greater despair instead.After 1998, were infected with AIDS over one hundred hemophilia patients successively in the whole country, they suspect, use Shanghai Vaccine and Serum Institute (lay, deserved to be called, born) Make virus, remove eight factor punished to deactivate and infect with AIDS.In Foshan, including I here inside, have three patient in all, grow a case at they indict, opened a court session in the urban court's first instance of the deep meditation yesterday, this was the opening a court session for the first time of our country's similar case too. The case has been tried for a whole morning, has not pronounced temporarily.The whole story of the incident:Different childhood: Why do I always bleed incessantly?As a child, my brave appearance seemed to have no differences with other children, but will present extravasated blood frequently on one's body, while just learning to walk, the knee joint would have bleeding phenomena. That year of a year old, he tripped, the leg is swollen at once, extravasated blood was not returned for a long time."Hemophilia. " The doctor says to Yu Yong parents, thoughtless Yu Yong, did not understand why parents will sob uncontrollably after hearing these three words at that time.The doctor tells Yu Yong parents, the only therapeutic method at that time, it was to is defeated by the thick liquid of new blood or injects the blood coagulation factor Yu Yong.The ones that meet by chance " The dawn " : Can arrest blood while injecting eight factorsAt first, draw blood from Yu Yong's father in each blood transfusion. 1982,on if you can't catch, begin to produce and sell blood coagulation eight factor,buy falling over each other patient, friends of blood, much. Under the intersection of doctor and recommendation, grow 8 factors at Yu Yong mother buy successively, take to the hospital and inject as the child.It is the child's natural instincts to be active, after going to school, because often knock against while playing, condition of Yong Yu aggravate, because of the intersection of knee joint and the intersection of bleeding and pain, he have, stay at the intersection of classroom and seat morning or afternoon while being whole sometimes, going to school at ordinary times and leaving school is carried by parents too, leave school helplessly finally.Ten more than year in an instant, for give son cure the disease, parents cost hundreds of thousands well already.The result that is unexpected: The disease had not cured and suffered from AIDS unexpectedlyIn 2000, Yu Yong began symptom of dropping lasting low fever, oral cavity ulcer, weight etc.. Parents begin to think this is that hemophilia causes him to be in poor health, not taken notice of very much. But in two years just hereafter, unexpectedly Yu Yong's both legs began to fester, flowed out the blood of suppuration. It is inoperative to inject eight factors this time too.2005, Yu Yong father see, have the intersection of hemophilia and patient doubt use, catching, killing virus into eight factor and report to infect AIDS that deactivating accidentally, take me to go to the hospital to check bravely immediately. One week later, Yu Yong is made a definite diagnosis of and infected with AIDS and the third liver.Cost hundreds of thousands yuan, thought that had seen the hope, had never expected but had been in despair. Except that I am brave, there is same experience that includes two people in Foshan.Meeting each other in the court: Grow one on filing a suit to inform originally three timesAccording to the introduction of my brave parents, on July 20, 1995, Ministry of Public Health issued " about forbidding producing and clinical notice which use the blood coagulation factor blood products not removed or deactivated by the virus " promptly, the notice claims, the blood coagulation factor blood products of domestic production and sales in the past, have not passed the reliable virus and removed or deactivated. Employ such products to transmit blood source disease (such as hepatitis B, third liver, AIDS) Serious danger. Every factor preparation of blood coagulation obtained before December 31, 1994 about the production unit of blood products produces the authentication code and becomes invalid without exception, and stop producing and selling this kind of preparation immediately. On grow July 29 be should notified to be signed for at 1995. It is brave in but I claim at September, November and December 1995 parents,on grow by business department still many times to lasting eight factor that does not be deactivated by oneself, can be proved with many invoices.For this reason, Yong Yu grow product quality infringes for being brought a suit before urban court of the deep meditation while being above, grow and compensate for and treat fee of 1,600,000 yuan, spirit and conciliate 100,000 yuan of gold on requiring, fee of nutrition is 100,000 yuan, wounded or disabled subsistence allowance of 210,000 yuan,etc.. Another two patients' claims are basically unanimous. Yesterday morning, the first instance of this case opened a court session.Plaintiff: On take place tragedies raw getting more noninterferent"The enterprise hoping to let us see and victimize received the due lesson. " Yesterday, three be come by court's trial scene persons of patient,and in court to at if you can't grow, criticize. Because in that the patient seems weaker, the court still adjourns the court in the court's trial for five minutes.Unless show three plaintiff, at first,on if you can't grow, there is fault,after Ministry of Public Health express regulations and forbid selling eight factors, still sell eight factors illegally;Secondly, according to the stipulation that the Supreme Judicial Court damaged life, product quality case should be proved its responsibility with evidence by the defendant, but have and grow does not prove with evidence;Third,on if you can't give birth to, regard as by counterpart it is high most organizations horizontal,experts top, but it be made sure last effective detection products to be had, after finding a hemophilia patient is infected with AIDS, have not taken the relevant remedy. On if you can't if you can't grow, interfere by this kind thing, happen,as to this it bear by compensation responsibility.The court arguesDefendant: It is uncertain to infect the route, person liableOn if you can't give birth to by counsel, relevant public health policies current after pointing out according to country, the present situation of Yu Yong,et al. should belong to the society and succour the category, the country has already succoured three plaintifves, so not the acceptance range of court.In addition, it is varied that what the hemophilia patient is infected with AIDS is sneaked, in the long-term treatment, will often use whole blood, component blood or blood product inevitably, the plaintiff narrates in sueing the form, they buy, use at the defendant growing producting among 1991-1994 or 1995 just, used other producer products too after July of 1995. So, the infection route with real this case is unable to confirm, causality is undeterminable, the person liable is undeterminable.The lawyer still thinks, after the ensuing chapters of Ministry of Public Health, the hospital knows at first, so the hospital has responsibility too for the behavior which the patient injects. On if you can't grow by product one that produce, last national standard, does not be illegal activities and fault.The witness tellsLi, expert of AIDS of Ministry of Public Health is a consultative committee committee member, China
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