Shanghai woman who gave up her unborn baby because of a birth defect succeeded on Friday in stopping the pollution she blamed for the defects.
However, the woman's claims for compensation were turned down because there was no proven link between the pollution and her baby's defects.
Plaintiff Zhao Yingdan said pollution from the Shanghai Cimc Far East Container Co Ltd, less than 100 meters from her home, damaged her unborn baby prompting her to have an abortion.
Tests showed the embryo had chromosomal abnormalities that could lead to 'cri du chat' syndrome, a grouping of abnormalities including severe mental impairment and causing the baby's cries to sound like a cat.
"Sample tests by Shanghai Pudong Environmental Protection and Monitoring Center in June 2003 and July 2004 found the factory was discharging gas containing chemicals like benzene, toluene and dimethylbenzene, and dust emissions were denser than allowed," said Cao Kerui, a judge from the court.
But, as there was no scientifically proven connection between the pollution and chromosome abnormality detected in the plaintiff's unborn baby, her compensation demand could not be supported, said Cao.
Provided neither party appeals the decision in the next 15 days, the court will issue an order to stop the factory from emitting poisonous waste.
Xu Qin, Zhao's lawyer, said she was basically satisfied with the result, but felt it unreasonable to rule there was no connection between the pollution and her baby's defect.
"What we always wanted is for the factory to stop polluting," said Xu.
"If we appeal to a higher court and start another legal procedure, the court order will be delayed and the pollution will continue."
Lu Gendi, a 74-year-old woman who lives in the same block as Zhao and went to hear the verdict on Friday, said residents are still suffering the pollution and want the factory to close down.
"The smell from the factory gives us headaches," said Lu, "We dare not go out."
According to Cao, the factory has promised the court it will relocate before the end of the year.
(China Daily June 18, 2005)
