KZM v. Shanghai Institute of Biological Products [KZM诉上海生物制品研究所人身损害赔偿案]

(2004) Hu-Zhongmin-Min zhongzi (No.1457)
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Appellant, KZM, was a patient with hemophilia A who became infected with HIV and hepatitis C. Appellant brought action against Shanghai Institute of Biological Products for causing the infection of HIV/AIDS from the medical product in which he was injected. The Shanghai Chang Ning District People’s Court found against the plaintiff in civil verdict No. 1984). The lower court noted that infection can occur through various channels and that local government provides free treatment through a medical insurance program. The appellant rejected the verdict and appealed to the instant Court.

This Court held that the lower court was correct and rejected the appeal. The Court stated that the appellant lacked legal grounds and that the local authorities will deal with the infection.

“[T]he appellant is a patient of hemophilia A, who became infected with HIV and hepatitis C. The infection shall be dealt with by local authorities according to the related national policies issued by the Ministry of Health. The ruling in the first instance to dismiss the claims of KZM was correct.”

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