The Shanghai First Intermediate People's Court has refused to
hear a lawsuit filed by the families of ten victims who were
injected with Xinfu, or clidamycin phosphate glucose injection.
China Business News reports the decision was made after the
court ruled the producer of Xinfu injections, Anhui Worldbest Bio-Pharmaceutical Co., Ltd,
was out of their jurisdiction.
Earlier authentication issued by the State Food and Drug
Administration confirmed the Anhui Worldbest company was
responsible for producing the toxic Xinfu antibiotic that has
killed eleven in China while causing side effects in tens of
others.
However, the plaintiff's lawyer, Chen Yongfei, from
Beijing-based Li Wen Law Office, disagreed with the court's
explanation. He said there are three defendants in the case.
Besides the Anhui pharmacy, Shanghai Worldbest Co., Ltd and China
Worldbest Co., Ltd, both located in Shanghai, are also involved and
fall under the court's jurisdiction.
Families of the ten patients from northeast China who received
treatment with the toxic Xinfu injection first delivered their
lawsuit to the Shanghai Pudong District People's Court on December
4, 2006, demanding a compensation of more than 1.28 million yuan
(US$160,000) from Anhui Worldbest Bio-Pharmaceutical Co.,Ltd, along
with the Shanghai Worldbest Co., Ltd and China Worldbest Co., Ltd,
the main shareholders of the Anhui company.
The Pudong court rejected the accusation on December 11, citing
it was out of its jurisdiction. In addition, the court found no
evidence to prove Shanghai Worldbet Co., Ltd. and China Worldbest
Co., Ltd. had taken part in the drug's formation, making the two
companies innocent.
But Chen argued the two Shanghai-based companies should be
responsible, too, as both of them had printed their names on the
wrapping of the injection.
Chen explained national laws regulate companies labeling their
names on a product's wrapping should be identified as producers and
should take responsibility for the product's quality.
Chen confirmed his party would appeal to the procuratorate
department for a retrial and lodge an appeal to the higher court
soon.
In a related case, the Nanpi County People's Court in Hebei Province ruled on Dec 23, 2006, the
Anhui Worldbest Bio-Pharmaceutical Co., Ltd compensate the family
of a local resident Wei Shugui, who was injected with Xinfu and
later died, with 48,000 yuan (US$6,000).
That was the first case solved relating to the Xinfu
incident.
(CRI January 29, 2007)