■ Shenzhen Special Zone Daily reporter Wu Tao
Miss Yang in Longgang working at a local pharmacy to buy the abortion drug, after taking serious physical discomfort, the hospital of kidney failure. Miss Yang thought her abortion drug are taking prescription drugs, pharmacies without a prescription no right to be issued, so the paper petition pharmacies and pharmaceutical company owned together with court, claims medical expenses, follow-up treatment costs, disability compensation, lost income,nike tn femme pas cher, fees totaling more than 600 million, including follow-up treatment costs more than $ 5 million. Longgang court finds that plaintiff Miss Yang lost a total of 55 million yuan, an aspect of the trial into three pharmacies bear responsibility for compensation of 16 million yuan. Both sides appealed, the City Intermediate People's Court before the court of second instance.
Plaintiff: good at selling prescription drug-induced renal failure
Miss Yang, now 25 years old, she and her husband, parents were workers in Shenzhen, she herself worked for years in the eyewear factory in Longgang District, Shenzhen street. She charged that November 23, 2008, she purchased the abortion drug in Huizhou City Henggang Okawa Pharmaceutical Chain Co., a store, the shop owner who sold her drugs mifepristone and misoprostol to terminate the pregnancy. Her home after eating drug start bleeding, then on December 8,chaussures louboutin hommes, 2008 to ask at the pharmacy reason, pharmacy owner to bring it to a nearby clinic, but doctors do not know the situation after receiving her. Miss Yang put back druggist drugstore and gave her an infusion straight sets after a few days the condition actually worsened.
December 10, the pharmacist will be taken to another drugstore Miss Yang curettage after surgery continue to give her infusion. Miss Yang deterioration during infusion, find fault occurs, back pain, vomiting, dizziness, chest tightness and other symptoms. The next day, druggist understand the situation considered to be a bad stomach Miss Yang, has opened six domperidone, condition continued to deteriorate after taking Miss Yang. Subsequently,http://bbs.2qy.cc/home.php?mod=space&uid=25268, Miss Yang have visited Henggang Longgang District People's Hospital and the Central Hospital for medical treatment, was diagnosed with kidney failure, to regularly go to the hospital for dialysis treatment cost is high.
Miss Yang believes mifepristone and misoprostol are prescription drugs without a doctor's prescription, the pharmacy this drug can not be sold to customers, but the defendant to gain free to prescribe medication to patients,http://www.veryshun.com/phpwind/read.php?tid=4333&ds=1, ultimately leading to its suffering from kidney failure, so The Huizhou City Okawa Pharmaceutical Chain Co., Ltd. Henggang a branch and Huizhou Okawa Pharmaceutical Chain Co., Ltd. together with court.
Defendant: We do not sell abortion drugs
When the case first instance, the two defendants had denied the sale of mifepristone and misoprostol to Miss Yang. The two defendants,http://www.thebellkids.com/coppermine/displayimage.php?pid=1/displayimage.php?pid=1&message_id=d4276be9024a1c1a47a5dce9f1445354&message_icon=iÿwww.shorturl.pw, said Miss Yang said that the defendant purchased the abortion drug, but did not submit any invoices or small ticket,boutique louboutin paris,http://xizhengw.cn/forum.php?mod=viewthread&tid=124701, in fact, the defendant never sold these drugs to Miss Yang, pharmaceutical sector in the defendant did not identify the accused sale mifepristone and misoprostol violations. Meanwhile, the evidence submitted by the presence of Miss Yang contradictory and can not be sealed. The plaintiff stated its medicines bleeding after the defendant at November 23, 2008 to eat, but in the December 8 after two weeks to come to the pharmacy asked the reason, irrational. The plaintiff stated in its December 11 to Longgang Central Hospital for treatment, but its admission records provide have shown their hospital stay was 28 December. Plaintiff's admission records also documented cases the plaintiff had medical abortion and curettage, for these cases the plaintiff is silent.
Meanwhile, the two defendants also believe that sound recordings as important evidence submitted by Miss Yang, is its carefully planned, induced an incomplete audio recordings made by the defendant at the defendant busy working, not legally valid evidence, the whole sound recording has not can confirm that the plaintiff purchased the drug involved in the defendant,http://www.blank-city.com/forum.php?mod=viewthread&tid=10496, asked the court dismissed the plaintiff appeals.
First instance: pharmacy bear responsibility where appropriate three percent
In July this year, Longgang court of first instance verdict on the case. The hospital believes that the main focus of dispute in this case for two reasons: first, whether the plaintiff purchased from the defendant mifepristone and misoprostol? Second,http://www.huikaiauto.com/home.php?mod=space&uid=572, if the plaintiff does bought these drugs from the defendant, according to the relevant judicial expert opinion, between the plaintiff's kidney failure and indeed there are some causal link this causal relationship is close, whereby the defendant should bear the number of shares Responsibility?
On the first focal point,louboutin homme pas cher, the hospital that the plaintiff Although there is no direct evidence of its purchase of mifepristone and misoprostol in the defendant, but the recording of evidence submitted by the plaintiff can prove that the defendant had indeed sold to the plaintiff medication abortion, and Notes Shenzhen Municipal Food and Drug department also prove that the defendant indeed there mifepristone,http://bbs.yrzb.com/forum.php?mod=viewthread&tid=4525, a combination that has formed a chain of evidence to prove the plaintiff's claim. Although the head of a branch Henggang accused Okawa Pharmaceutical denied the fact that abortion drug sold to the plaintiff, but did not submit evidence to prove.
On the second focus, mifepristone and misoprostol is the termination of pregnancy drugs, the defendant did not sell qualifications, will be sold to the plaintiffs, it is illegal to practice medicine. Southern Guangdong expert opinion issued by forensic evidence,chaussures louboutin hommes, medical abortion with the plaintiff there is indeed suffering from some causal relationship between renal failure, so the defendant should bear some liability thus generated.
As for the defendant to bear responsibility share, the Court considered the plaintiff had engaged in workshops for many years,http://h94r.com/home.php?mod=space&uid=11296, acetone, water that day and other chemical exposure, but also before the plaintiff had a fertility history, has repeatedly abortion, which in itself should be a clear risk of abortion drugs , the defendant still buy these drugs, the result of its own is also at fault for the damage and other factors, as appropriate, to determine the defendant to bear 30% of the liability. Pharmaceutical Chain Co., Ltd. by the Okawa Henggang a branch 16 million yuan compensation for the plaintiff, Okawa Pharmaceutical Chain Co., assume responsibility for repayment supplement.
Second instance: tit uncompromising
After the judgment of first instance, both sides refused to accept the appeal to a higher court. City Intermediate People's Court recently conducted a second trial of the case.
Miss Yang appeal request one slight adjustment, but the total amount claimed is still more than 600 million, or reason that kidney failure require continuous follow-up treatment, and its enormous expenses. They believe that Miss Yang's condition was caused by illegal practice because the defendant the verdict only 30% of the party accused pharmacy damages, unconscionability, requesting the court commuted his bear full liability.
Pharmacies party still insisted the first instance of the view that there is no evidence that the pharmacy has sold over abortion drugs to Miss Yang, pharmaceutical sector after the inspection found only pharmacy pill instead of abortion drugs, while the evidence is still not relevant recordings recognize that this is one of the first instance court Miss Yang made. Attorney pharmacies party also said Miss Yang had a lot of contact with the work days that water and other chemicals, is directly related to their illness.
The case is still pending.