Zhiming lawyers represented a case of death from moldy甘蔗 poisoning and won a large compensation in the first instance.
One case spans three to four years, tears flow from both eyes; sudden news of victory arrives, soothing the lawyer's toil—Wang Tengfeng
A case of Yan (deceased, age 11) who died from poisoning after eating moldy sugarcane, represented by Guangdong Zhiming Law Firm, was recently ruled by the Shenzhen Longgang District Court in the first instance, ordering the defendant to pay a total of 74 yuan in compensation including death damages, medical expenses, and solatium. Thus, the case that lasted three years has temporarily come to a close.
Child dies from poisoning; Zhiming lawyers uphold justice and rights
The client's young son Yan, on the evening of February 10, 2015, after eating sugarcane purchased from the defendant, experienced symptoms such as convulsions, blindness, and coma. During emergency rescue, his breathing and pulse stopped. He was later transferred to Shenzhen Children's Hospital for intensive care, and after two months, on April 19, 2015, died despite medical treatment. After the incident, multiple media outlets in Shenzhen reported on the event, sparking widespread social and public concern. Suffering the immense physical and emotional blow of losing their child, Yan's parents sought legal help from Zhiming Law Firm, deciding to take up legal weapons to defend their rights and seek justice for their unfortunate child.
Test report released; our client deeply disadvantaged
After Yan's poisoning incident, the Shenzhen Market and Quality Supervision and Management Committee Longgang Supervision Bureau intervened, and city and district disease control departments conducted investigations. From February 15 to February 17, 2015, the city and district disease control departments successively issued multiple reports including inspection reports, investigation reports, follow-up investigation reports, and research meeting minutes, showing that laboratory tests did not detect 3-nitropropionic acid in the sugarcane, so there was insufficient evidence to link Yan's poisoning symptoms to moldy sugarcane. This undoubtedly brought strong negative impact and resistance to our client's rights protection.
Administrative relief rejected; rights protection path faces further obstacles
Faced with an investigation conclusion that severely contradicted the facts, Yan's parents felt even more pained and helpless, embarking on a long journey to seek justice, hoping the relevant authorities would "revoke the investigation report and conduct a new test" to restore fairness. During this period, lawyers from our firm represented them through petitioning and administrative litigation relief procedures. First, the petition department rejected the application on the grounds that "the application lacks legal basis and the matter does not fall within the purview of the health and family planning department." Subsequently, we filed an administrative lawsuit, but the court dismissed our claim and requests, citing reasons such as failure to meet the conditions for filing and that the court had lawfully fulfilled its duties in terms of subject, procedure, content, and form. Thus, the door to seeking relief for our strong objections to the investigation and test reports was blocked.
Faced with strong pressure and resistance, the lawsuit for literary and artistic rights protection finally won
After experiencing various administrative remedies and obstacles to safeguarding rights, our lawyers filed a lawsuit for the right to life dispute with the Longgang District Court in April 2015. The court's trial focused closely on two key points: whether the sugarcane sold by the defendant had mold and whether there was a causal relationship between the victim's death and the consumption of sugarcane. Due to the fact that the investigation report of the disease control department did not confirm the existence of a causal relationship between moldy sugarcane and the victim's death, as well as the fact that the court believed that the government regulatory departments had performed their duties legally in the administrative litigation, coupled with the fact that multiple appraisal institutions entrusted by our side did not accept the appraisal during the litigation process, the trial of civil cases has become confusing, and the difficulty and adverse effects of case representation can be imagined. After careful observation of the evidence materials by Lawyer Zhiming, especially the collection of the video footage of the salesperson cutting off the red part of the sugarcane and replacing it with a non spotted sugarcane and handing it over to Yan's mother on the same day from the complex evidence, as well as the comprehensive interpretation of the facts, principles, and laws during the trial, the court believes that there is a sufficient chain of evidence for the causal relationship between the victim's death and consumption of moldy sugarcane. After the incident, the disease control department passed the“ Laboratory Conclusion; Recognition“ There is not enough evidence to prove that Yan's poisoning symptoms are related to moldy sugarcane and have no causal relationship; It has certain limitations and should be“ Based on epidemiological investigation data, patient incubation period, and unique manifestations of poisoning; Therefore; The testing report, investigation report, and meeting minutes should not be used as the basis for determining this case;. Therefore, the court ultimately concluded that the relevant evidence in this case meets the standard of high probability in civil litigation, and based on this, made a judgment: supporting our lawsuit request in accordance with the law, and ruling that the defendant shall bear the liability for compensation. At this point, the case that had lasted for three years was temporarily settled with victory. Lawyer Zhiming comforted Yan's parents and comforted the young fallen life with his superb original strategy skills, tenacious belief in rights protection, and professional ethics!
