The old man 67 years old inoculates vaccine of influenza and disables and obtains more than 500 000 yuan of compensation

The old man 67 years old inoculates vaccine of influenza and disables and obtains more than 500,000 yuan of compensation
67 -year-old old man Yang, because of inoculating vaccine of influenza, initiate and unusually react and disable. Recently, Philippine Pasteur biologicals Co., Ltd. of match promise of Shenzhen of final judgement of intermediate people's court of the intersection of Baoding and city compensate a patient for 517119.68 yuan. It is reported, this is the lawsuit dispute case that the the first of this market initiates because of causing disability in vaccine inoculation.
Incident:
Inoculated vaccine of influenza, paralysed
Will it be October 20 2007, Gaobeidian city set up the intersection of village and the intersection of town and commune hospital through the intersection of village and broadcast while being hard, call villager inoculate the intersection of influenza and vaccine. Old man Yang, retired ex-employee of Beijing that go back to the hometown to inhabit went to the Yang 's immediately, have inoculated the influenza vaccine that this kind of lot number is 20070727. The next day old man Yang felt the body pained, weak, symptom of aching, slow in reaction feverishly and dizzily and all over etc. appeared shortly afterwards. On November 19, old man Yang is sent to the emergency ward of Xuanwu Hospital of Capital University of Medical Sciences, holding a consultation by the expert, old man Yang is made a definite diagnosis of in order to suffer from acutely and sown scattered encephalomyelitis, through treating, though symptom is stabilized, four limbs have no consciousness, can't move. On January 15, 2008, old man Yang transfers to Beijing Pok Oi Hospital and accepts rehabilitation, leave hospital on May 15, pay the hospitalization cost of 155835.21 yuan together. Old man Yang still can't stand after leaving hospital, the neural function of defecation and urination is lost, need artificial catheterization and defecate.
After the accident happened, on condition that consult and have no result, old man Yang stands while being peppery in town commune hospital, Gaobeidian city Center for Disease Prevention and Control and Shenzhen match promise Philippine Pasteur biologicals Co., Ltd. in the village the intersection of Gaobeidian and city to lodge a complaint, ask, sentence, make defendant compensate medical fee, attend to fee in accordance with the law, transportation expenses, spirit conciliate King,etc. add up to more than 500,000 yuan.
Assert:
It is " extremely rare " to belong to Bad reaction
Gaobeidian municipal court accept behind the case this, trust Beijing hold the intersection of Tang and medico-legal judicial expertise, carry on relevant to determine in accordance with the law, think, vaccine of this influenza which the plaintiff inoculated, it is defendant Gaobeidian that sets up the commune hospital in the village Town to buy from defendant's Center for Disease Prevention and Control, Gaobeidian hard, its circulation of vaccine should be regarded as legal. The defendant commune hospital inoculates a doctor and inoculates qualifications, there is vaccine that is proved single with the vaccine supply to register to buy, and inject the position and has not infected. Defendant the intersection of Shenzhen and the intersection of match and the intersection of promise and the intersection of biologicals and Co., Ltd., Pasteur of Philippine, sell enterprises as import of vaccine this and divide into the wrapping enterprise, its medicines do not have evidence that prove not up to standard. In view of the above, three defendants have no fault to the emergence of plaintiff party's consequence. Plaintiff's ill disease inoculates symptom of vaccine bad reaction of influenza, comparable to the bad reaction in the vaccine manual of Philippine Pasteur biologicals Co., Ltd. of the promise with defendant Shenzhen " Extremely rare " The content is identical.
Judgement:
The vaccine manufacturing enterprise compensates for more than 500,000 yuan
The municipal court of Gaobeidian, according to the relevant provision of " vaccine circulation and immunization campaign management rule ", "cause by the fact that the immunization campaign unusually reacts and was damaged by the death, serious deformity or organ tissue of the persons who plant, should be offered disposable compensation by the relevant vaccine manufacturing enterprise. " The disposable compensation plaintifves of Philippine Pasteur biologicals Co., Ltd. of match promise of Shenzhen of the judgement, because of inoculating 517119.68 yuan of loss that vaccine of influenza causes, and pay plaintiff spirit to damage and conciliate 40000 yuan of gold; The intersection of Gaobeidian and city stands town commune hospital and Center for Disease Prevention and Control, Gaobeidian in the village and does not bear civil liability pepperily. After the pronouncement of the first instance, Shenzhen is comparable to Philippine Pasteur biologicals Co., Ltd. of the promise to refuse to obey, lodge a appeal.
The intermediate court of Baoding makes final judgement to this case after trying, keep adjudiacating in the first instance and hit " The intersection of Shenzhen and the intersection of match and the intersection of promise and the intersection of biologicals and the intersection of Co., Ltd. and lump-sum the intersection of compensation and plaintiff, Pasteur of Philippine, because of inoculate the intersection of influenza and 517119.68 yuan of loss that vaccine lead to the fact " ,But because the intersection of this case and every party, to cause damage have fault, pay spirit, damage, it conciliates gold prerequisites to be to have tort, so cancel spirit and damage and conciliate the gold compensation judgement.
Who is unsuitable
Inoculate vaccine of influenza
( 1) To the allergic one of other compositions in egg or vaccine;
( 2) Patient of Green's syndrome in Bali;
( 3) Pregnant woman that pregnant within 3 months;
( 4) Acute generating heat disease patient;
( 5) Chronic disease breaks out for period;
( 6) Serious allergic physique person;
( 7) The children under the age of 12 can't use the whole virus to deactivate vaccine;
( 8) The doctor thinks the personnel unsuitable to inoculate.
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