Tian mother-in-law's counterfeit medicine bath case First judgment merchant was sentenced to compensate 1.94 million

South of the news reporter Liu Wei lasted two years, Sichuan Xichang mother sued Chengdu Tian mother-in-law wash moxibustion Hall counterfeit medicine bath case of dust settled. January 15 this year, the Xichang court to make a first-instance judgment, found that the plaintiff week was hurt with the use of Tian mother-in-law production of bath products have a legal causal relationship, by the company, Tian, Yin a joint compensation for the plaintiff more than 1.94 million yuan. Zhou's mother Liu Jianjong to the results of the first trial, but "can not be happy, any decision can not change the future of children." On the other hand, due to the first verdict is not based on the results of forensic expertise, Tian mother-in-law side has been brought to appeal. The court found the cause and effect of the case was first exposed in 2011 CCTV "3 15" party, children's body was a layer of blood scab wrapped picture has caused the whole nation moved. In fact, as early as December 2010, Zhou's mother Liu Jianjong has sued Tian mother-in-law wash moxibustion Hall fake medicine bathing, and then caused the son later tragic encounter. After two years, the Xichang Court of Sichuan Province, the first-instance judgment, supported Liu Jianjong's complaint. The court found that at the end of August 2009 to the beginning of September, the plaintiff week of the mother Liu Jianjong with the plaintiff to the Tian mother-in-law Wash moxibustion Hall Xichang joined the shop many times for Chinese medicine bathing, a total cost of 615 yuan. During this period, a few red spots in the neck and abdomen of the store were diagnosed as eczema by the actual operator of the shop, the use of the Products Eczema medicine bag, eczema cream to the weeks of bathing and wiping, small red dot into a large area of small pus. Liu Jianjong for this many times with the shop side, in repeated use of the store to provide drugs, the illness continued to increase. After the Sichuan Huaxi Hospital was diagnosed as "pimple psoriasis." After three sessions, the court first instance found that the plaintiff's body was damaged because in the Sichangtian as Tian mother-in-law joined the shop to use the company's products, the plaintiff's body injury and the use of the company's products in the legal causal relationship. Court first instance verdict: By the defendant in Chengdu Xiangyun Tian mother-in-law to wash Moxibustion Hall Co., Ltd., Yin Hui, Tian Shangjun Joint compensation for the plaintiff weeks a treatment fee of 337217.92 yuan, car travel 256617.94 yuan (including meals, transportation, accommodation fees), nursing costs 84500.00 Yuan, The delay fee is 62364.00 yuan, the defendant jointly and severally compensate the plaintiff to collect the evidence expense the purchase of the unannounced investigations equipment and the employment of the unannounced officers salary cost 300,000 yuan; the defendant is jointly and severally compensated the plaintiff to renew the medical expense 800,000 yuan, the defendant jointly and severally compensate the plaintiff spirit loss cost 100,000 yuan Four items total 1.94 million yuan. The injury has not been judicial expertise in the process, the defendant Tian Shangjun to the court to request the physical damage to the week is due to the use of Tian mother-in-law's products caused by forensic expertise. Tian mother-in-law fourth generation of descendants Yin Hui explained that the reason for the judicial identification is to give a bath is appropriate, week a disease and bath whether have causal relationship and have how much causal correlation, and no authority to determine, responsibility can not be clarified. In the first instance, the Court also considered that the controversial focus of the case was "whether the plaintiff's bodily damage was due to the use of the mother's moxibustion in Chengdu,Tang products, the defendant, Chengdu Tian mother-in-law should be compensated. Liu Jianjong also recognized the above statement, "I have the full confidence that the son was washed by Tian mother-in-law." Initially, she suggested judicial expertise in the Ministry of Justice, "because more authoritative", and later the court designated a Beijing judicial expertise center, both sides agreed. But forensic expertise has not been carried out. The court in the first instance judgment pointed out that the Chengdu Xiangyun Tian mother-in-law Moxibustion Hall Co., Ltd. and Yin Hui, Tian Shangjun two consecutive times did not within the specified time to provide identification bodies to identify the sample and advance the identification fee, resulting in the identification can not be carried out. According to the supreme law, the provisions of the evidence of civil proceedings, the Court held that the burden of proof in this case should not be the legal responsibility of the Yin Hui in Chengdu Xiangyun Tian, the mother of the Wash Moxibustion Hall Co., Ltd. and the field to the army, it should be found that the plaintiff's body injury and the use of the company's production of bathing products have a legal causal relationship. Defense lawyers said that according to the accreditation body requirements, the identification materials include weeks from birth to the identification of the current medical records, Zhou at the time of the use of toiletries and ointment. Because of the weekly medical records belong to the private files, Tian mother-in-law side can not be transferred, bath supplies and paste by the Chengdu Public Security Bureau by the Investigation Brigade seizure, so the Tian mother-in-law side also cannot obtain. In view of this situation, the Tian mother-in-law side has two times to the trial court for investigation and evidence, request the original court to obtain the above appraisal material, "has no results, the first instance of the verdict is that it is our responsibility." "Both sides are not happy with the result" for the court's verdict, how to say, we accept it ", although the first trial won, but Liu Jianjong is not happy," the past few years, the whole family's body has been worn down, the child's encounter became a tragedy of a generation of people. On the other hand, this incident also brought a fatal blow to her side. 2011, March 21, the state Food and Drug Administration issued a notice, asked all over the food and drug regulatory authorities to the Tian mother-in-law to use counterfeit drugs, such as illegal conduct special supervision and inspection. Since then, Tian mother-in-law's name will disappear from the market forever. Yin Hui said, in the absence of judicial expertise on the responsibility to clarify the situation, "Tian Mother-in-law wash moxibustion Hall" almost overnight encounter disaster, "we feel wronged, but these with who to say ah?" ”