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A harmful breast enlargement operation given to a Guangzhou woman has resulted in her winning a compensation claim against the clinic which carried out the procedure in a ruling lawyers say has set an important legal precedent. The ruling was reported to the media earlier this week. The claimant, a woman identified only as Xu, sued Guangzhou Huamei Cosmetic and Plastic Surgery Clinic over the improper use of Polyacrylamide Gel (PAAG). Xu, 36, visited the clinic in May last year and was injected with 200 milliliters of the gel. Shortly afterwards she began to experience side effects including pain, lumps and inflammation of breast tissue. She attempted to have the gel removed in another clinic in August 2005 but the surgery was unsuccessful. "The woman was awarded 36,000 yuan (US$4,500) which includes the refund of medical expenses and compensation for physical and mental injury and other associated costs," Qin Wen, an official of Tianhe District People's Court, told China Daily yesterday. Although the woman was seeking 98,000 yuan (US$12,000) the court agreed on a lower figure on the advice of Guangzhou Medical Association, Qin said. "The woman has appealed to Guangzhou Intermediate People's Court as she is dissatisfied with the amount," Qin said. Injections of PAAG were banned in April this year. However, prior to that only State-level medical facilities were permitted to conduct the procedure. The clinic's head, surnamed Han, declined to comment on the judgment yesterday but insisted nothing wrong had been done. He said the clinic would appeal against the decision. Lawyers following the case expressed approval at the ruling which they considered a big decision given the number of women it might affect. According to a recent CCTV report around 300,000 women have used PAAG injections for breast enlargement on the Chinese mainland. "It's good news for me," Zhan Liyuan, a senior lawyer of Guangzhou-based Post Doctor Legal Firm, told China Daily yesterday. "The judgment sets a good example for other similar cases." Zhan has handled many disputes over various plastic surgery incidents in which the alleged victims were usually unsuccessful. "The opinion of authoritative medical organizations is usually the key in such cases," said Zhan. "But many organizations have close relationships with the management of clinics which puts victim in a difficult position." It was felt other victims would be greatly encouraged by the outcome of the case, he suggested. "The result will send a positive message," said Pu Zhiqiang, a lawyer involved in a similar case in Shenzhen. "However, the compensation amount is too small to cover the patient's losses." "Moreover, according to the law, courts cannot simply copy other rulings," Pu said. "The case in Guangzhou is just a positive signal.". From 2002 to the end of last year 183 reports of adverse reactions to surgery involving PAAG implants have been submitted to the State Adverse Drug Reaction Monitoring Center. "Only a few victims have brought the matter to trial as most settle out of court," Pu said. (China Daily June 1, 2006) |
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