Gather cyanogen amine claim case and wind up the case three times in Foshan It pays 30 000 to condole gold for the seller to add

Gather cyanogen amine claim case and wind up the case three times in Foshan It pays 30,000 to condole gold for the seller to add
Shake the global one once " Gather cyanogen amine three times " Poisonous milk power incident, do not lack the victim in the baby in Guangdong either. The reporter learnt from the intermediate court of Foshan yesterday, the boy three years old in Foshan thanked some and was born and eat " refined scholar's profit " all the time by oneself Card infant and pre-school children fill a prescription the milk power suffers from the kidney stone claim case, wind up the case through the mediation of this courtyard of second instances recently, except that paid 30,000 yuan and compensated fund by the Chinese association of dairy processing industry according to the state policies, pay 30,000 yuan to condole gold and thank some for the injured boy baby voluntarily in many supermarkets well as the seller. The details of the case is returned Drink " poisonous milk power " It is formed that the baby under one suffers from the kidney the beginning of 2007 of stone, Ms. Wang is pregnant with children to go back to Hunan native place to raise the fetus from Foshan. On October 15 in the same year, she is burdened with a family and live back to Foshan, if she give birth to a boy to thank the in Hunan. At that time, because the milk was insufficient, Ms. Wang was from the general monarch's branch of many supermarkets well of Foshan for a long time, the infant and pre-school children who buy favourable production of group Limited Company of the refined scholar in Guangdong fill a prescription the milk power is eaten for children. In September of 2008, the baby under one years old will thank some to do congenital heart disease operation, shortly after last son Wang Ms. have hematuria,etc. situation,then take child to Foshan city hospitals at city level to check again, but not checked and gone wrong. Hereafter, Ms. Wang rushed about on the lake in two wide provinces and sought and cured taking the son everywhere. Until November of the same year, they attached to one hospital of first hospital and Hunan in Guangdong Province Zhongshan University at last and were made a definite diagnosis of separately, and it thanks some to be because edible milk power for a long time suffer from kidney stone, and calculus reaches 10mm * 8mm size, must remove through the operation. Ms. Wang at this moment is suffered, and suspect it has been feeding " refined scholar's profit " of the food to the son all the time at once Brand milk power. The doctor still told, because the child just finished the congenital heart disease operation, the health was still in convalescence, still can't make calculus, remove operation, at that time because the intersection of calculus and disease, initiate baby wither some take pneumonia already. During that time, Ms. Wang has been well general monarch's branches of many stores have argued, and demand to return " refined scholar's profit " Brand milk power. The store disagreed with sending back goods, provided Ms. Wang and bought " refined scholar's profit " in its store at that time Identification of the brand milk power. Finally helpless Ms. Wang and large supermarkets informed to the court well favourable the intersection of group and Co., Ltd., refined scholar of Guangdong. The court's trial hits first instance directly: The manufacturer seller is too uniform to have it in first instance of responsibility, Ms. Wang ask the intersection of court and the intersection of judgement and favourable the intersection of group and Co., Ltd., refined scholar of Guangdong, and large supermarkets compensate for and it is 395868 yuan altogether well, and bear the son and thank some and treat and terminate the economic losses that disease correlated to this may cause of the late arrival before 18 years old, emotional distress and therapeutic expenses that heart disease caused by kidney stone aggravated. In the court's trial, the favourable group Limited Company of the defendant refined scholar in Guangdong debates and claims: Plaintiff Ms. Wang have evidence it proves to be to buy edible the intersection of oneself and milk power that Company produced for a long time; Even long-term consumer, Company of oneself, the intersection of plaintiff and milk power bottle lot number that Ms. Wang offer, its company not announced in the country either includes " Gather cyanogen amine three times " Products in. Favourable the intersection of group and Co., Ltd., refined scholar of Guangdong, show company punish the regulation to these incident according to country already still, pay the compensation fund of more than 40 million yuan, trust the Chinese association of dairy processing industry to pay the medical fee, compensate expenses such as the fund,etc. to the kidney stone infant with full authority, have already fulfilled compensation responsibility as the production firm. And the seller replies and calls in many supermarkets well: The defendant of this case should be a branch of this enterprise, should not prosecute this enterprise. Judgement: The manufacturer seller compensates 30,000 yuan The first instance court thinks, this case belongs to the dispute of personal compensation for damage caused by product quality, it is a case of compensation for damage of the product quality. Because plaintiff Ms. Wang buys and produces with edible defendant refined scholar's favourable group company " Refined scholar's profit " Infant and pre-school children fill a prescription milk power, result in, thank some fact of kidney stone know, the evidence is really abundant. Court's first instance thinks, do not belong to the country to announce the batch of products not up to standard in batch number of bottles of milk power that lady offers that the defendant manufacturer replies and proclaims oneself king, but the milk power that the defendant can not prove this batch produces is the acceptable product. Meanwhile, reply and claim to the products seller it is not a right defendant of dose of this case, stipulate according to the third paragraph of article 14 of " personal individual proprietorship Enterprise Law in the People's Republic of China ": " the civil liability of the branch is undertaken by the personal proprietorship which sets up this branch " . So the defendant manufacturer and counterplea reason of the seller are untenable. Defendant the intersection of products and manufacturer and seller in accordance with the law should cause the intersection of others and life damage with the result bearing related civil compensation responsibility to product their. To sum up, last year first instance then court according to relevant for law and "after not if you can't gather by infant and pre-school children of cyanogen amine milk power incident, happen three timesing, the country has made relevant compensation and handled the policy according to the detailed conditions of this incident " ,Judgement defendant's manufacturer and seller bear plaintiff's expenses of 30,000 yuan of related compensation, and the fee of 2979 yuan of acceptance and hearing of a case is for defendant manufacturer's account, rejected Ms. Wang's other claims at the same time. Second instance: It pays 30,000 to condole gold for the seller to add After the pronouncement of the first instance, the intersection of mother and Ms. Wang think, compensate for too little enough child cure the disease, continue, appeal to the intermediate court of Foshan, and go to the letters and visits from the masses department of intermediate court of Foshan to appeal for help many times. The intermediate court of Foshan try few judge He Li who is undertaken this case of the front yards and hold realizing, because the child has no money to cure, if until a normal one try limit, arrange issue, conclude this case, time partial and long, may bring great pain of injury to child, present, make people's result different to accept while being other even, may upgrade the sum of intensification of contradictions. Second instance, in the court's trial, through where judge coordinate and communicate many times, Chinese the intersection of dairy processing industry and association agree, handle, thank yuan of the intersection of compensation and styles cure the disease for it in time, the seller increases and pays 30,000 yuan to condole gold and thank some for the victim voluntarily too in many supermarkets well, the tripartite party would like to terminate this case in a manner to mediate subsequently. At present, Ms. Wang has already got 60,000 yuan and compensated funds, has thanked some for some's calculus and already cured too. Chain supreme people's court the most: Have already accepted that compensate above 300,000 calculus babies 95% In January of 2009, Ministry of Public Health,etc. confirms " milk power of question " Medical compensation scheme: Provided funds by the enterprises shouldering responsibility for this incident, according to three standard disposable compensation separately, namely the compensation standard is divided into death, serious disease, accepts three kinds of general treatments, the amount of compensation is 200,000, 30,000, 2000 yuan respectively, set up funds to treat the infant free to the relevant disease that may take place before 18 years old at the same time. On March 2 last year, managing Vice President Shen DeYong of the Supreme People's Court revealed, received " milk power of question " 300,000 infant and pre-school children that damaged in various degree, more than 95% have already accepted the compensation of enterprises. The news from red network claims, By February 10 this year, there are 6 baby's claim of calculus that the lawyer knows by plaintifves placing. 4 Beijing among them, 2 Hebei. Interview and write: Staff reporter Hai PengFei Messenger Buddha dharma is declared

|